Kanthan v. The Sub Inspector Of Police
Crl.O.P.(MD)No.2447 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.04.2021
CORAM:
THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.O.P.(MD)No. 2447 of 2021 1.Kathan 2.Karthi 3.Andisamy 4.Agathiyan 5.Vellaiyammal ... Petitioners/accused Nos.1 to 5 Vs.
1.The Sub Inspector of Police, Vadamadurai Police Station, Vadamadurai, Dindigul District.
(Crime No.17 of 2011) ... 1st Respondent/Complainant 2.Pitchai @ Pichakkalai ... 2nd Respondent/Defacto Complainant Prayer:Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records in pertaining to the FIR in Crime No.17 of 2011 on the file of the 1st Respondent Police and quash the same as illegal in respect of Petitioners herein. For Petitioners : Mr.T.Vadivelan For R1 : Mr.M.V.Chandra Sekar Government Advocate (Crl.Side) For R2 : Mr.K.Arunraj
ORDER
This Criminal Original Petitions has been filed to quash the Crime No.17 of 2011 on the file of the 1st Respondent Police. 2.The contention of the petitioners and the second respondent is that based on the complaint lodged by the second respondent, the first respondent registered First Information Report in Crime No.17 of 2011 for the offences punishable under Sections 147, 148, 294 (b), 323, 324 and 506 (ii) of Indian Penal Code, against the petitioners.
3.The further contention of the petitioners is that they want to compromise the issue between them and the second respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the second respondent and also by their respective counsels.
4.The petitioners and the second respondent appeared in person before this Court along with their counsels and also produced their https://hcservices.ecourts.gov.in/hcservices/ 1/2
Crl.O.P.(MD)No.2447 of 2021 Aadhar cards. They were also identified by the learned Government Advocate (Criminal side) and Mr.Sakthivel, Special Sub-Inspector of Police, Vadamadurai Police Station, Dindigul District. Both the parties to compromise 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 petitioners and also in view of the joint compromise memo, dated 12.02.2021, this Court is of the opinion that no useful purpose would be served by keeping the matter pending. Hence, all further proceedings in Crime No.17 of 2011 pending on the file of the Inspector of Police, Vadamadurai Police Station, Dindigul District, 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.17 of 2011, pending on the file of the Inspector of Police, Vadamadurai Police Station, Dindigul District, is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order.
Sd/- Assistant Registrar (ADII) // True Copy // / /2021 Sub Assistant Registrar(CS) 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. ENCL:Xerox Copy of Joint Compromise Memo To
1. The Sub Inspector of Police, Vadamadurai Police Station, Vadamadurai, Dindigul District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD)No. 2447 of 2021 16.04.2021 DKS(CO) KB(09.06.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2