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Madras High CourtCRL OP(MD)/3558/2022allowed

Vigneshkumar @ Nagendraprasad v. The Inspector Of Police

2022-03-03Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P(MD)No.3558 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.03.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD)No.3558 of 2022

1. Vigneshkumar

2. Kaliraj ... Petitioners/Accused Vs.

1.The State represented by The Inspector of Police, Peraiyur, Madurai District.

..1st Respondent/Complainant

2. R.Jegadeesan Secretary Sundaralingapuram Primary Agricultural Co-operative Credit Society, @ Silaimalaippatti,Peraiyur Taluk, Madurai District.

... 2nd Respondent/Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records and quash the FIR in Crime No.70 of 2018 on the file of Inspector of Police, Peraiyur Police Station, Madurai District.

For Petitioner : Mr.M.V.Venkataseshan For Respondents: Mr.K.Sanjai Gandhi Government Advocate (Criminal Side) for R1 MR.S.MURUGAPANDI, for R2

ORDER

This Criminal Original Petition has been filed seeking a direction to quash the FIR in Crime No.70 of 2018 on the file of Inspector of Police, Peraiyur Police Station, Madurai District. 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 petitioners and the second respondent and also by their respective counsel.

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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.3558 of 2022 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.70 of 2018 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.70 of 2018, on the file of the first respondent police, is quashed insofar as the petitioners alone and the terms of joint compromise memo shall form part and parcel of this order. The petitioners shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) each as costs, to the District Siddha Medical Officer, CCRI, Periyakulam in State Bank of India, Periyakulam Branch bearing Account No.10767823177, IFSC No.SBIN000898, MICR Code No.625002601, on or before 10.03.2022.

Sd/- Assistant Registrar(AD I) /TRUE COPY/ / /2022 Sub Assistant Registrar(CS) PNM Encl: Xerox Copy of Joint Compromise Memo.

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, Peraiyur, Madurai District.

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

Copy To The District Sidha Medical Officer, CCRI, Periyakulam.

ORDER IN Crl.O.P(MD)No.3558 of 2022 03.03.2022 MK/09.03.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2