Madras High CourtCRL OP(MD)/2581/2022disposed of

Subramani v. The Inspector Of Police

2022-02-08Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD).No.2581 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.2581 of 2022

1. Subramani

2. Karthigaimurugan

3. Thiruppathi

4. Manimaran ...

Petitioners Vs.

1.State rep. by The Inspector of Police, Thirumangalam Town Police Station Madurai District

2. Murugesan ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records relating to the FIR in Crime No.294 of 2019 dated 16.06.2019 on the file of the first respondent and quash the same as against the petitioners.

For Petitioners : Mr.S.MAHENDRAPATHY, Advocate For R-1 : Mr.R.M.ANBUNITHI Additional Public Prosecutor For R-2 : Mr.VASANTHAN, Advocate

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.294 of 2019 on the file of the first respondent for an alleged offences under Sections 294(b), 341,420,406,120(B) and 506(i) of IPC 2.The case is under investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3.A Joint Memo of Compromise has been filed before this Court which has been signed by the petitioners and the second respondent and also by their respective counsel.

4. Under such circumstances, no useful purpose will be served in keeping the FIR in Crime No.294 of 2019 pending on the file of the first respondent, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.2581 of 2022 @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the FIR in Crime No.294 of 2019.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.294 of 2019 pending on the file of the first respondent is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. The petitioners shall pay a sum of Rs.5000/- (Rupees Five Thousand only) as costs, to the High Court Legal Services Authority, Madurai Bench of Madras High Court, Madurai, on or before 11.02.2022. Sd/- Assistant Registrar (Crl) // True Copy // 10/02/2022 Sub Assistant Registrar(CS) Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

1. The Inspector of Police, Thirumangalam Town Police Station Madurai District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

COPY TO:

The Secretary/Officer Incharge, High Court Legal Service Authority, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD).No.2581 of 2022 08.02.2022 SA (10.02.2022) 2P 4c https://hcservices.ecourts.gov.in/hcservices/ 2/2