Sudalai @ Suresh v. The Inspector Of Police
Crl.O.P.(MD).No.3057 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2022
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.3057 of 2022 and Crl.M.P(MD) No.2286 of 2022 Sudalai @ Suresh ...
Petitioner Vs.
1.State rep. by The Inspector of Police, Surandai Police Station Tenkasi District 2.Perananthasamy ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records pertaining to the FIR in Crime No.189 of 2019 dated 08.05.2019 on the file of the first respondent police for the offences under Sections 294(b),332,307 of IPC and Section 4(1)(i) of Tamil Nadu Prohibition Act and quash the same. For Petitioner : Mr.KR.Bharathikannan For R-1 : Mr.R.M.Anbunithi Additional Public Prosecutor For R2 : Mr.J.SivaKumar
ORDER
The Criminal Original Petition has been filed to quash the proceedings in Crime No.189 of 2019 , on the file of the first respondent police, for an alleged offences under Sections 294(b), 332,307 of IPC and Section 4(1)(i) of Tamil Nadu Prohibition Act. 2.The case is still at the stage of 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 have been signed by the petitioner and the second respondent and also by their respective counsel.
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Crl.O.P.(MD).No.3057 of 2022 4.Under such circumstances, no useful purpose will be served in keeping the First Information Report pending before the respondent police. 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 @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in Crime No.189 of 2019 pending on the file of the first respondent police.
5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.189 of 2019, on the file of the first respondent police, is quashed insofar as the petitioner alone and the terms of joint compromise memo shall form part and parcel of this order. The petitioner 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 17.02.2022. Consequently connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CRL SIDE) // True Copy // / /2022 Sub Assistant Registrar(CS) aav Encl.: Xerox copy of Joint Compromise Memo To
1. The Inspector of Police, Surandai Police Station Tenkasi District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
3. The Officer Incharge, Legal Service Authority, Madurai Bench of Madras High Court, Madurai.
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