Madras High CourtCRL OP(MD)/4670/2022allowed

Bala @ Balaguru v. The Inspector Of Police

2022-03-11Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.03.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD)No.4670 of 2022 1.Bala @ Balaguru 2.Karuppaiah @ Karuppu 3.Sedhu Mathavan @ Ajay 4.Rajaganapathi 5.Santhakumar 6.Sri Ram 7.Vishnukumar 8.Ranjith ... Petitioners/ Accused Nos.1 to 8 Vs.

1. The State represented by The Inspector of Police, Aranthangi Police Station, Pudukottai District.

(Crime No.92 of 2022) ... 1st Respondent/ Complainant

2. Prakash ... 2nd Respondent/ Defacto Complainant

3. Praveen @ Praveen Kumar ... 3rd Respondent/ Injured Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records pertaining to the FIR in Crime No.92 of 2022 on the file of the first respondent police and quash the same.

For Petitioners : Mr.T.Lenin Kumar For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.Side) for R.1 Mr.D.Venkatesh for R.2 1/3

ORDER

The Criminal Original Petition has been filed to quash the FIR as against the petitioners in Crime No.92 of 2022 on the file of the first respondent for the alleged offences under Sections 147, 341, 294(b), 324 and 506(ii) IPC.

2. The case is under 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 has been signed by the petitioners and the respondents 2 and 3 and also by their respective counsel.

4. Under such circumstances, no useful purpose will be served in keeping the FIR in Crime No.92 of 2022 pending on the file of the first respondent, 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 FIR in Crime No.92 of 2022.

5. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the FIR in Crime No.92 of 2022 pending on the file of the first respondent is quashed and the terms of Joint Memo of Compromise 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 22.03.2022 and the receipt of payment shall be produced before the respondent police, failing which the order shall stand dismissed automatically without any further reference to this Court. Sd/- Assistant Registrar(AD-II) // True Copy // / /2022 Sub Assistant Registrar(CS) Mga Encl.: xerox copy of Joint Compromise memo.

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. 2/3

1. The Inspector of Police, Aranthangi Police Station, Pudukottai District.

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

3. The District Siddha Medical Officer, CCRI, Periyakulam. Crl.O.P(MD)No.4670 of 2022 11.03.2022 smv(CO) TR(14.03.2022) 3P 4C 3/3