Madras High CourtCRL OP(MD)/2526/2022allowed

Poiyamani @ Anandha Babu v. The Inspector Of Police

2022-02-09Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.2526 of 2022 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 09.02.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.2526 of 2022 1.Poiyamani @ Anandha Babu 2.Vijayakumar 3.Siva ... Petitioners/Accused Nos.1 to 3 Vs.

1.The State, Represented by the Inspector of Police, Thondi Police Station, Ramanathapuram District.

(Crime No.106 of 2021) ... 1st Respondent/Complainant 2.Rajesh Babu ... 2nd Respondent/ Defacto Complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records relating to the impugned FIR in Crime No.106 of 2021 pending on the file of the Inspector of Police, Thondi Police Station and quash the same.

For Petitioners : Mr.A.Muralikumar For R - 1 : Mr.B.Thanga Aravind Government Advocate (Crl. Side) For R - 2 : Mr.M.Harish Kumar

ORDER

The Criminal Original Petition has been filed to quash the proceedings as against the petitioners/Accused Nos.1 to 3 in Crime No.106 of 2021 on the file of the first respondent for the alleged offences under Sections 294(b), 323, 336 and 506(i) I.P.C.

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.106 of 2021 pending on the file of the first respondent, even though, the offences involved are not https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.2526 of 2022 compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the FIR in Crime No.106 of 2021.

5. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.106 of 2021 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.5,000/- (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) ps Encl:- Photocopy of Compromise Memo attached. 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.

To 1.The Inspector of Police, Thondi Police Station, Ramanathapuram District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to The Secretary/Officer in Charge, High Court Legal Services Authority, Madurai Bench of Madras High Court, Madurai +1 CC to M/s.A.MURALIKUMAR, Advocate ( SR-5092[F] dated 09/02/2022 ) Crl.O.P(MD)No.2526 of 2022 09.02.2022 MGJ(10.02.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2