Madras High CourtCRL OP(MD)/4070/2022allowed

Sundar v. The Inspector Of Police

2022-03-02Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.4070 of 2022 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.4070 of 2022

1. Sundar

2. Dharma @ Vasanth Sharma

...Petitioners/Accused No. 1 & 2

Vs.

1.The State Rep.by The Inspector of Police Suchinduram Police Station Kanyakumari District.

( Crime No.775 of 2020)

...Respondent/Complainant

2. Sudhakar

...Respondent/Defacto Complainant

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to to call for the records in Crime No.775 of 2020 pending on the file of the first respondent and quash the same For Petitioners : Mr.B.Michael Sebastin For Respondents : Mr.R.M.Anbunithi No.1 Additional Public Prosecutor

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.775 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.

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.775 of 2020 pending on the file of the first respondent police.

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Crl.O.P.(MD) No.4070 of 2022 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.775 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 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. Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) aav ENCL:Xerox Copy of Joint Compromise Memo TO

1. The Inspector of Police Suchinduram Police Station Kanyakumari District

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

COPY TO:

THE DISTRICT SIDDHA MEDICAL OFFICER, CCRI, PERIYAKULAM +1 CC to M/s.T.LAJAPATHI ROY, Advocate (SR-9793[F] dated 03/03/2022) Crl.O.P.(MD) No.4070 of 2022 02.03.2022 kmv(CO) GC(03.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2