G.Sonaimurugan v. The Inspector Of Police
Crl.O.P.(MD) No.3884 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.3884 of 2022
1. G.Sonaimurugan
2. Pookumar
3. Ajith @ Ajithkumar
...Petitioners/Accused Nos.1 to 3
Vs.
1. The State Rep through The Inspector of Police Parthibanoor Police station Ramanathapuram District ... 1st Respondent / Complainant (Crime No.299 of 2020)
2. Balamurugan ... 2nd Respondents / Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records relating to the FIR in Crime No.299/2020 dated 15.08.2020 on the file of 1st respondent Police and quash the same.
For Petitioner : M/s.K.Sathish Kumar For Respondents : Mr.R.M.Anbunithi No.1 Additional Public Prosecutor For R2 : P.Praveen Kumar
ORDER
The Criminal Original Petition has been filed to quash the proceedings in Crime No.299 of 2020 , on the file of the first respondent police.
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 petitioners and the second respondent and also by their respective counsel.
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Crl.O.P.(MD) No.3884 of 2022 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.299 of 2020 pending on the file of the first respondent police.
5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.299 of 2020, on the file of the first respondent police, is quashed and the terms of joint compromise memo shall form part and parcel of this order. The petitioners 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 on or before 07.03.2022 and produce the receipt before the first respondent police, failing which the order shall stand dismissed automatically without any further reference to this Court. Sd/- Assistant Registrar(CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) aav ENCL.: XEROX COPY OF JOINT COMPROMISE MEMO.
To
1. The Inspector of Police Parthibanoor Police station Ramanathapuram District
2. The District Siddha Medical Officer, CCRI, Periyakulam.
3. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.K.SATHISH KUMAR, Advocate SR-9381[F] dated 01/03/2022 Crl.O.P.(MD) No.3884 of 2022 25.02.2022 ks(CO) TR(01.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2