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Madras High CourtCRL OP(MD)/4308/2022allowed

Anilapancy v. The Inspector Of Police

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

Crl.O.P.(MD) No.4308 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.4308 of 2022

1. Anila Pancy

2. Joseph Venacious @ Joseph Venantius Raj

3. Anto Sahaya Jaison @ Jeyson

...Petitioners/Accused Rank 1,3 & 4

Vs.

1. The Inspector of Police Anjugramam Police Station, Kanyakumari District.

... 1st Respondent / Complainant

2. Mary Sumitha ... 2nd Respondents / Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to to call for the records pertaining to the FIR in Crime No.516 of 2020 on the file of the 1st respondent police and quash the same.

For Petitioners :

Mr.R.Naresh Kumar For Respondents :

Mr.R.M.Anbunithi No.1 Additional Public Prosecutor R2 :

Mr..Kathiravan

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.516 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.4308 of 2022 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.516 of 2020 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.516 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 14.03.2022 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(CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) aav Encl.: xerox copy of joint compromise memo.

To

1. The Inspector of Police Anjugramam 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, Theni District.

Crl.O.P.(MD) No.4308 of 2022 07.03.2022 SR(CO) TR(08.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2