Madras High CourtCRL OP(MD)/3673/2022allowed

Mugesh Kannan v. The Inspector Of Police

2022-02-23Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.3673 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.3673 of 2022 Mugesh kannan ... Petitioner/Sole Accused Vs 1.The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

(Crime No.453 of 2021)

2. Kasirajan ... Respondent/Defacto Complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records pertaining to the FIR in Crime No. 453 of 2021 dated 16.11.2021 on the file of Respondent No.1 and quash the same as illegal.

For Petitioner : Mr.R.Venkatesan For Respondent : Mr.R.M.Anbunithi No.1 Additional Public Prosecutor For Respondent : Mr.P.Kumarasamy No.2

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.453 of 2021 , 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 petitioner and the second respondent and also by their respective counsel.

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. 453 of 2021 pending on the file of the first respondent police.

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Crl.O.P.(MD)No.3673 of 2022 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.453 of 2021 , on the file of the first respondent police, is quashed insofar as the petitioner alone and the terms of joint compromise memo shall form part and parcel of this order.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To 1.The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

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

+1 CC to M/s.R.VENKATESAN, Advocate ( SR-8492[F] dated 24/02/2022 ) Crl.O.P.(MD)No.3673 of 2022 23.02.2022 MGJ(05.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2