Madras High CourtCRL OP(MD)/3421/2022allowed

Mookkusamy v. The Inspector Of Police

2022-02-25Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.3421 of 2022 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 25.02.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.3421 of 2022 1.Mookkusamy 2.Karthi 3.Mani @ Manimuthu ... Petitioners/Accused Nos.1 to 3 Vs.

1.State represented by, The Inspector of Police, B1, Melur Police Station, Madurai District.

(Crime No.253 of 2014). ... 1st Respondent/Complainant 2.Kumar ... 2nd Respondent/Victim Lakshmanan (died) ... Defacto complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to the FIR in Crime No.253 of 2014 on the file of the first respondent and quash the same as illegal.

For Petitioners : Mr.T.Veerakumar For R - 1 : Mr.B.Thanga Aravindh Government Advocate (Crl. Side)

ORDER

The Criminal Original Petition has been filed to quash the FIR as against the petitioners/Accused Nos.1 to 3 in Crime No.253 of 2014 on the file of the first respondent for the alleged offences under Sections 341, 294(b), 323, 324 and 506(ii) of 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.253 of 2014 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.3421 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.253 of 2014.

5. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No. 253 of 2014 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 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 04.03.2022 and the receipt of payment shall be produced before the first respondent, failing which the order shall stand dismissed automatically without any further reference to this Court. Sd/- Assistant Registrar (AD I) // True Copy // 28/02/2022 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, B1, Melur Police Station, Madurai District.

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

Copy to:

The District Siddha Medical Officer, CCRI, Periyakulam Crl.O.P(MD)No.3421 of 2022 25.02.2022 MGJ(28.02.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2