Madras High CourtCRL OP(MD)/3753/2022allowed

Pandi v. The Inspector Of Police

2022-02-28Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.3753 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.3753 of 2022 & Crl.MP(MD)No.2736 of 2022 Pandi ... Petitioner Vs.

1. The State Rep. by its Inspector of Police, Thirumangalam Town Police Station, Madurai District.

2. M.Chinnasamy ... Respondents Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to call for the entire case records, pertaining to the case in crime No.22/2022 on the file of the first respondent and quash the same as for as the petitioner.

For Petitioner : Mr.M.Srinivasa Raghavan For Respondent : Mr.R.M.Anbunithi R1 Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in Crime No. 22 of 2022, on the file of the first respondent police, for an alleged offences under Sections 341, 294 (b), 324, and 506(ii) IPC.

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 petitioner and the second respondent and also by the petitioner's counsel.

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.22 of 2022 pending on the file of the first respondent police.

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Crl.O.P.(MD)No.3753 of 2022 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.22 of 2022, on the file of the first respondent police, is quashed insofar as the petitioner alone and the terms of joint compromise memo shall form part and parcel of this order. The petitioner 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 07.03.2022. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) PNM Enclosed herewith Copy of the Joint Compromise Memo 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, Thirumangalam Town 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 +1 CC to M/s.M.SRINIVASA RAGHAVAN, Advocate ( SR-9068[F] dated 28/02/2022 ) Crl.O.P.(MD)No.3753 of 2022 28.02.2022 RD(16.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2