Madras High CourtCRL OP(MD)/3081/2022allowed

Alagusundaram v. The Inspector Of Police

2022-02-14Honourable Mr Justice G.K. Ilanthiraiyan2 pages

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.3081 of 2022

1. Alagusundaram

2. Panjavarnam

3. Velmurugan

4. Balamurugan ...

Petitioners/Accused Nos.1 to 4 Vs.

1.The Inspector of Police Silaiman Police Station, Madurai District (Crime No.18 of 2020) ...

Respondents/Complainants 2.Marudhavalli ... 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 First Information report in Crime No.18 of 2020 on the file of the first respondent herein and quash the same.

For Petitioners : Mr.B.Arun For R-1 : Mr.R.M.Anbunithi Additional Public Prosecutor For R-2 : Mr.S.Pradeep

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.18 of 2020 , on the file of the first respondent police, for an alleged offences under Sections 294(b), 323,324,506(ii) of IPC and Section 4 of TNPHW 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 petitioners and the second respondent and also by their respective counsel.

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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.18 of 2020 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.18 of 2020, 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.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.

Sd/- Assistant Registrar (CRL) // True Copy // / /2022 Sub Assistant Registrar(CS) aav Encl:Photocopy of Compromise Memo attached.

To 1.The Inspector of Police Silaiman Police Station, Madurai District 2.The Officer in Charge, High Court Legal Services Authority, Madurai Bench of Madras High Court, Madurai 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai.

+1 CC to M/s.B.ARUN, Advocate ( SR-6143[F] dated 15/02/2022 ) Crl.O.P.(MD).No.3081 of 2022 14.02.2022 MGJ(15.02.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/