Madras High CourtCRL OP(MD)/3634/2022disposed of

Manoj @ Manoj Vairavan v. The Inspector Of Police

2024-02-29Honourable Mr Justice M.Dhandapani6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:29.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD) No.3634 of 2022 and Crl.M.P(MD) No.2683 of 2022

1. Manoj @ Manoj Vairavan

2. Balakumar

3. Ramachandran

4. Rajendran

5. Ramamurthy

6. Mukilan ... Petitioners/Accused Nos.1,3 to 7 Vs.

1.The Inspector of Police, Peravurani Police Station, Thanjavur District.

(Crime No.93 of 2022).

...1st Respondent/Complainant 2.Mugunthan ...2nd Respondent/Defacto Complainant 1/6

Prayer: The Criminal Original Petition is filed under Section 482 of Cr.P.C., call for the records relating to the FIR in Crime No. 93/2022 on the file of the Inspector of Police, Peravurani Police Station, Thanjavur District and quash the same as against the petitioners. For Petitioner : Ms.Illanchezian.V For R1 : Mr.S.Manikandan, Government Advocate (Crl.Side) For R2 : Mr.R.Mathiyalagan

O R D E R

This Criminal Original Petition has been filed, seeking quashment of the FIR in Crime No.93 of 2022 on the file of the Inspector of Police, Peravurani Police Station, Thanjavur District as against the petitioners.

2. The case of the prosecution is that due to civil dispute between the petitioners and the defacto complainant, the petitioners entered into quarrel with the defacto complainant, scolded him using filthy language and also threatened him with dire consequences. Hence, a complaint was given by the defacto complainant, in pursuant to which, a case in Crime 2/6

No.93 of 2022 was registered for the offences punishable under Sections 147, 294(b), 506(i) of IPC by the first respondent Police and now seeking quashment of the same, the petitioners filed the present petition.

3. The learned counsel for the second respondent / defacto complainant would submit that there was a dispute between the petitioners and the defacto complainant, for which, both of them gave complaints and the same were registered in Crime Nos.93 of 2022 and 64 of 2022. Now, the issue arose between the petitioners and the defacto complainant was compromised, for which, they filed a compromise memo before the first respondent.

4. The learned Government Advocate (Crl.Side) would submit that if any compromise memo is filed, the first respondent will refer the matter as further action dropped.

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5. In view of the submissions made by the counsels on either side, if any compromise memo is filed by the petitioners and the defacto complainant, the first respondent is directed to refer the case in Crime No.93 of 2022 as further action dropped, within a period of four weeks from the date of receipt of copy of this order.

6. With the above said direction, this Criminal Original Petition is disposed of. Consequenlty, connected Miscellaneous Petition is closed. 29.02.2024 NCC:Yes/No Index:Yes/No Internet:Yes/No Indu 4/6

To:

1.The Inspector of Police, Peravurani Police Station, Thanjavur District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI,J.

Indu Crl.O.P.(MD) No.3634 of 2022 29.02.2024 6/6