Kumara Dhas v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.4066 of 2022 and Crl.M.P(MD) No.2946 of 2022
1. Kumara Dhas
2. Sundaran
...Petitioners/Accused Nos. 1 & 2
Vs.
1. The Inspector of Police Thakkalai Police Station Kanyakumari District ... 1st Respondent / Complainant
2. Sunitha Kumari ... 2nd Respondents / Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to to call for the records pertaing to the FIR in Crime No.69 of 2022 dated 12.02.2022 for the offences under Sections 294 (b),354,323,506(i) of IPC pending on the file of the first respondent and quash the same For Petitioners : Mr.K.Suyambulinga Bharathi For Respondents : Mr.R.M.Anbunithi No.1 Additional Public Prosecutor No.2 : Mr.R.Anandaraj
ORDER
The Criminal Original Petition has been filed to quash the proceedings in Crime No.69 of 2022 , 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.
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 https://hcservices.ecourts.gov.in/hcservices/ 1/2
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.69 of 2022 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.69 of 2022, 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 11.03.2022 and produce the receipt before the first respondent police, failing which the order shall stand dismissed automatically without any further reference to this Court. Consequently connected miscellaneous petition is also closed. Sd/- Assistant Registrar(Writs) // True Copy // / /2022 Sub Assistant Registrar(CS) aav ENCL.: XEROX COPY OF JOINT COMPROMISE MEMO.
To
1. The Inspector of Police Thakkalai Police Station Kanyakumari District
2. The District Siddha Medical officer, CCRI, Periyakulam.
3. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD) No.4066 of 2022 02.03.2022 KMV(CO) TR(03.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2