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Madras High CourtCRL OP(MD)/2326/2024allowed

Muthu Mariappan @ Muthuraj v. The Inspector Of Police

2024-02-20Honourable Mr Justice Sathi Kumar Sukumara Kurup6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.02.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P(MD)Nos.2326 and 2421 of 2024 Crl.O.P.(MD)No.2326 of 2024:- 1.Muthu Mariappan 2.Pannerselvam

...Petitioners

vs 1.State represented by 2.Sethupathi

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to call for the records relating to the FIR in Cr.No.18 of 2024 on the file of the first Respondent Police and as against the Petitioner and quash the same.

For Petitioners : Mr.KChinraj For R1 : Mr.M.Veeranthiran Government Advocate (crl.side) For R2 :Mr.M.Prabhu 1/6

Crl.O.P.(MD)No.2421 of 2024:- 1.Sethupathi 2.Samiraj

...Petitioners

vs 1.State represented by 2.Muthu Mariappan

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to call for the records relating to the FIR in Cr.No.17 of 2024 on the file of the first Respondent Police and as against the Petitioner and quash the same.

For Petitioners : Mr.M.Prabu For R1 : Mr.M.Veeranthiran Government Advocate (crl.side) For R2 :Mr.KChinraj **** COMMON ORDER The Criminal Original Petitions have been filed seeking to quash the FIRs in Cr.Nos.18 and 17 of 2024 on the file of the first Respondent Police. 2/6

2.The learned Counsel for the Petitioners in Crl.O.P.(MD)No.2326 of 2024 submitted that the Petitioners herein and the de-facto Complainant had entered into a compromise and amicably settled the issue. 3.The learned Counsel for the Petitioners in Crl.O.P.(MD)No.2421 of 2024 submitted that the Petitioners herein had amicably settled the dispute with the de-facto Complainant and submitted that it is a case and counter. 4.The Petitioners in Crl.O.P.(MD)No.2326 of 2024 are arrayed as accused in Cr.No.18 of 2024 on the file of the first Respondent Police. The first Petitioner in Crl.O.P.(MD)No.2326 of 2024 is the Complainant in Cr.No.17 of 2024. The Complainant in Cr.No.18 of 2024, the second Respondent in Crl.O.P.(MD)No.2421 of 2024, Sethupathy, is the accused in Cr.No.17 of 2024. Therefore, it is a case and counter. Subsequent to the registration of FIRs, both parties had arrived at an amicable settlement to give a quietus to the pending criminal cases and for peace in the family. 5.The learned Counsel appearing for the Petitioners in Crl.O.P. 3/6

(MD)No.2326 of 2024 is appearing for the de-facto Complainant in Crl.O.P. (MD)No.2421 of 2024. The learned Counsel for the Petitioners in Crl.O.P. (MD)No.2421 of 2024 is appearing for the second Respondent/Complainant in Crl.O.P.(MD)No.2326 of 2024. A joint compromise memo is also filed by both sides Counsels.

6.The learned Government Advocate (Crl.side), on instructions from the first Respondent, submitted that the compromise arrived at between the parties is bona fide. A status report of the Investigation Officer is also filed along with the photostat copies of the Aadhar card of the complainant in both cases. In the light of the status report filed by the Investigation Officer, the joint compromise memo filed by both parties is recorded. 7.In the light of the status report and in the joint compromise memo filed by both parties, both the Criminal Original Petitions are allowed. The FIRs in Cr.Nos.17 and 18 of 2024 on the file of the first Respondent are quashed.

Internet :Yes/No 20.02.2024 4/6

Index :Yes/No NCC :Yes/No cmr To 5/6

SATHI KUMAR SUKUMARA KURUP , J.

cmr CRL.O.P(MD)Nos.2326 and 2421 of 2024 20.02.2024 6/6