Madras High CourtCRL OP(MD)/2871/2021allowed

Murugan v. The Inspector Of Police

2021-08-02Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD) No.2871 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.2871 of 2021 Murugan ... Petitioner/Sole Accused Vs.

1.State represented by Inspector of Police, Vadipatti Police Station, Madurai District.

In Crime No.490 of 2017 ... 1st Respondent/ Complainant 2.Karthikeyan ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in Crime No.490 of 2017 on the file of the 1st respondent police and quash the same. For Petitioner : Mr.G.Kasinathadurai For R1 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.Side) For R2 : M/s.R.Ranjitha

ORDER

This petition has been filed seeking to quash the impugned FIR in Crime No.490 of 2017 on the file of the 1st respondent police. 2.The contention of the petitioner is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.490 of 2017 for the offences punishable under Sections 294(b), 323, 324, 427 and 506(2) of IPC against the petitioner.

3.The further contention of the petitioner is that he compromised the issue with the 2nd respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioner and the 2nd respondent and also by their respective counsels.

4.The petitioner and the 2nd respondent appeared through video conference from the Office of the Additional Public Prosecutor (Crl.Side) before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.2871 of 2021 learned Additional Public Prosecutor (Crl.Side) and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded.

5.Considering the totality of the circumstances, the nature of the allegations levelled against the petitioner and also in view of the joint compromise memo, dated 25.01.2021, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in Crime No.490 of 2017 pending on the file of the 1st respondent police is quashed and the compromise memo is recorded.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.490 of 2017, pending on the file of the 1st respondent police is hereby quashed and the terms of joint compromise memo shall form part of this order. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) mm 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 Encl. Joint Compromise Memo 1.The Inspector of Police, Vadipatti Police Station, Madurai District.

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

Crl.O.P.(MD)No.2871 of 2021 02.08.2021 RK (10.08.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2