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Madras High CourtCRL OP(MD)/4307/2022allowed

Angappan v. The Inspector Of Police

2022-03-07Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.4307 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.4307 of 2022 in Crl.M.P.(MD)No.3051 of 2022

1. Angappan

2. Sudalaikannan 3.Sivaramalingam

...Petitioners/Accused Nos 1 to 3

Vs.

1.The Inspector of Police, Murappanadu Police Station, Thoothukudi District.

(In Crime No.32/2022) ... 1st Respondent/Complainant

2. Shanmugavel ...2nd Respondent/Defacto Complainant Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to the FIR in Cr.No.32 of 2022 dt.19.06.2021 on the file of the Respondent No.1 for the offences U/s.447,427,294(b),506(i) of IPC and quash the same as illegal as against the petitioner's alone.

For Petitioner : Mr.K.Suyambulinga Bharathi For R1 : Mr.R.M.Anbunithi, Additional Public Prosecutor (Crl. Side) For R2 : Mr.KR.Bharathi Kannan

ORDER

This Criminal Original Petition has been filed to quash the First Information Report in Crime No. 32 of 2022 on the file of the first Respondent.

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 petitioner 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.4307 of 2022 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.32 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.32 of 2022, on the file of the first respondent police, is quashed insofar as the petitioner alone and the terms of joint compromise memo shall form part and parcel of this order. The petitioner 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 15.03.2022. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AS) // True Copy // 11/03/2022 Sub Assistant Registrar(CS) PNM 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:Xerox Copy of Joint Compromise Memo To:

1.The Inspector of Police, Murappanadu Police Station, Thoothukudi District.

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

THE DISTRICT SIDDHA MEDICAL OFFICER, CCRI, PERIYAKULAM.

ORDER IN Crl.O.P.(MD)No.4307 of 2022 in Crl.M.P.(MD)No.3051 of 2022 07.03.2022 SP(CO) GC(11.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2