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Madras High CourtCRL OP(MD)/2704/2022allowed

Selvakasi v. The Inspector Of Police

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.2704 of 2022 Selvakasi ... Petitioner/Accused Vs.

1.State rep. by The Inspector of Police, Gandamanur Vilakku Police Station Theni District ... 1st Respondent/Complainant 2.Prasath ... 2nd Respondent/ Defacto Complainant 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.101 of 2019 on the file of first respondent police and quash the same.

For Petitioner : Mr.K.P.Krishnadoss For R-1 : Mr.R.M.Anbunithi Additional Public Prosecutor For R-2 : Mr.K.Sathish Kumar

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.101 of 2019 on the file of the first respondent for an alleged offences under Sections 143, 147, 294 (b), 323,324,506(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 petitioner 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.101 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 @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its https://hcservices.ecourts.gov.in/hcservices/

jurisdiction under Section 482 Cr.P.C. quashes the FIR in Crime No.101 of 2019.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.101 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 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 11.02.2022. Sd/- Assistant Registrar (As) // True Copy // 10/02/2022 Sub Assistant Registrar(CS) aav Encl:-Photocopy of Compromise Memo attached.

To

1. The Inspector of Police, Gandamanur Vilakku Police Station Theni 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 Crl.O.P.(MD).No.2704 of 2022 09.02.2022 MGJ(10.02.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/