Dhinesh @ Dhineshkumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.04.2021
CORAM:
THE HON'BLE MR JUSTICE G.ILANGOVAN 1.Dhinesh @ Dhineshkumar 2.Siva 3.Murugadass 4.Mohan @ Mohandass (represented by natural guardian/father Nagarathinam) 5.Panndi @ Pandi 6.Ajith @ Ajithkumar 7.Pandi @ Pandikumar 8.Palpandi (represented by natural guardian/mother Sethumakali) 9.Vijayaraj ... Petitioners/Accused No.1 to 9 Vs.
1.The State through The Inspector of Police, ThiruppulaniPolice Station, Ramanathapuram District.
... 1st Respondent/Complainant 2.Josaf @ Joseph ... 2nd Respondent/Defacto Complainant Prayer:Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records pertaining to the case in Crime No.331 of 2020 on the file of the first respondent police and quash the same.
For Petitioners : Mr.J.Vishnu For R1 : Mr.M.V.Chandra Sekar Government Advocate (Crl.Side) For R2 : Mr.G.Tamilvendan 1/3
ORDER
This Criminal Original Petitions has been filed to quash the case in Crime No.331 of 2020 on the file of the first 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.331 of 2020 for the offences punishable under Sections 147, 148, 294(b), 324, 307 of IPC and 3 of TNPPDL Act, against the petitioners.
3.The further contention of the petitioners is that they want to compromise the issue with the second respondent amicably, since they are relatives. 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 Aadhar cards. They were also identified by the learned Government Advocate (Criminal side) and the Inspector of Police, Thiruppulani Police Station, Ramanathapuram 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 16.02.2021, 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.331 of 2020 pending on the file of the The Inspector of Police, Thiruppulani Police Station, Ramanathapuram 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.331 of 2020, pending on the file of the Thiruppulani Police Station, Ramanathapuram 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 (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3
dss Note: In view of the present lock down owing to COVID19 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 Inspector of Police, ThiruppulaniPolice Station, Ramanathapuram District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to MR.J.VISHNU, Advocate ( SR-17502[F] dated 26/04/2021 ) 23.04.2021 KM(30.06.2021) 3P 4C 3/3