← Library
Madras High CourtCRL OP(MD)/2996/2023allowed

Raja @ Balasubramanian v. The Inspector Of Police

2023-03-14Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.2996 of 2023 1.Raja @ Balasubramanian 2.Raju @ Rajkumar 3.Vijay @ Vijayakumar 4.Sundaresan ... Petitioners/Accused Nos.1 to 4 Vs.

1.State rep. by Inspector of Police, Jaihindpuram Police Station, Madurai City.

(Crime No.533 of 2021) ... 1st Respondent/Complainant

2. Abuthahir ... 2nd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records and quash the First Information Report in Crime No.533/2021 dated 21.06.2021 for the alleged offences under Sections 294(b) and 323 of IPC on the file of the 1st Respondent. For petitioner : Mr. V.S. Kishok Kumar For R1 : Mr.S.Manikandan Government Advocate (Crl. side) For R2 : Mr.V.Vinoth Kumar 1/4

O RDER This petition has been filed seeking to quash the impugned FIR in Crime No.533 of 2021 on the file of the 1st respondent police. 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.533 of 2021 for the offences punishable under Sections 294(b) & 323 IPC.

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.

2/4

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 14.04.2023, 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.533 of 2021 pending on the file of the 1st respondent police in respect of these petitioners. 6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.533 of 2021, 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.

14.03.2023 Index : Yes/No Internet : Yes/No TM To

1. The Inspector of Police, Jaihindpuram Police Station, Madurai City.

(In Crime No.533 of 2021) 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3/4

G.ILANGOVAN. J.

TM 14.03.2023 4/4