Madras High CourtCRL OP(MD)/3384/2021allowed

B.Duraipandi v. The Inspector Of Police

2021-08-05Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.3384 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.08.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.3384 of 2021 1.B.Duraipandi 2.M.Ramakrishnan ... Petitioners/Accused Nos.1 & 2 Vs.

1.The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

(Crime No.473 of 2020) ... 1st Respondent/Complainant 2.Ananthamurugan ... 2nd Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for records relating to the FIR in Crime No.473 of 2020 on the file of the 1st Respondent Police and quash the same.

For Petitioners : Mr.K.Sathish Kumar For R1 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side) For R2 : Mr.C.Susi Kumar

ORDER

This Criminal Original Petitions has been filed to quash the FIR in Crime No.473 of 2020 on the file of the Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District. 2.The contention of the petitioners and the second respondent is that based on the complaint lodged by the second respondent, the first respondent registered First Information Report in Crime No.473 of 2020 for the offences punishable under Sections 341, 294(b), 324 & 506 (ii) of Indian Penal Code, against the petitioners. 3.The further contention of the petitioners is that they compromised the issue with the second respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the second respondent and also by their respective counsels.

4.The petitioners and the second respondent appeared through video conference from the office of the learned Government Advocate (Criminal side) before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.3384 of 2021 learned Government Advocate (Criminal side) and Mr.K.Kumaresan, Head Constable, Paramakudi Town Police Station, Ramanathapuram District. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded. 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 01.03.2021, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in Crime No.473 of 2020 pending on the file of the Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District, is quashed and the compromise memo is recorded.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.473 of 2020 pending on the file of the Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District, is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) dss Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. Encl:- Joint Compromise Memo To 1.The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

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

+1 CC to M/s.K.SATHISH KUMAR, Advocate ( SR-25546[F] dated 06/08/2021 ) Crl.O.P.(MD)No.3384 of 2021 05.08.2021 RD(7.09.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2