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Madras High CourtCRL OP(MD)/2637/2023allowed

Uthaya v. The Inspector Of Police

2023-03-20Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2023 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN 1.Uthaya 2.Rajapandi 3.Mathankumar 4.Mathankumar ... Petitioners Vs.

1.The Inspector of Police, Sholavandan Police Station, Madurai District 2.Thilip ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the First information report in Crime No.492/2017 on the file of the 1st respondent and quash the same as illegal.

For Petitioners : Mr.B.Vinothkumar For R1 : Mr.R.Suresh Kumar Government Advocate For R2 : Mr.K.V.Rajadurai

ORDER

This petition has been filed seeking to quash the impugned FIR in Crime No.492 of 2017 on the file of the 1st respondent police. 1/4

2.The contention of the petitioners is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.492 of 2017 for the offences punishable under Sections 147, 294(b), 353 and 323, against the petitioners. 3.The further contention of the petitioners is that they compromised the issue with the 2nd respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the 2nd respondent and also by their respective counsels.

4.The petitioners and the 2nd respondent appeared before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Government Advocate (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 petitioners and also in view of the joint compromise memo, dated 22.02.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending and inclined to quash all further proceedings in Crime No.492 of 2017 pending on the file of the 1st respondent police in respect of this petitioners. 2/4

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.492 of 2017, pending on the file of the 1st respondent police is hereby quashed in respect of the petitioners. The compromise memo is recorded and the terms of joint compromise memo shall form part of this order.

20.03.2023 Index : Yes/No Internet:Yes/No tta To 1.The Inspector of Police, Sholavandan Police Station, Madurai District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN, J., tta 20.03.2023 4/4