Hareesh v. The Sub Inspector Of Police
Crl.O.P.(MD) No.4898 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.03.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.4898 of 2022 1.Hareesh 2.Manokaran
...Petitioners/ Accused 1 & 2
Vs.
1. The Sub-Inspector of Police, Kenikkarai Police Station, Kenikkarai, Ramanathapuram District.
(Crime No.950 of 2021) ... 1st Respondent/ Complainant
2. Seeni @ Syed Ibramsha ... 2nd Respondent / Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records relating to the FIR in Crime No. 950 of 2021 on the file of the R1 police and to quash the same as against the petitioner.
For Petitioner : Mr.N.Pragalathan For Respondents : Mr.R.M.Anbunithi No.1 Additional Public Prosecutor For Respondent : Mr.K.Muthurakkan No.2
ORDER
The Criminal Original Petition has been filed to quash the proceedings in Crime No. 950 of 2021, 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2
Crl.O.P.(MD) No.4898 of 2022 under Section 482 Cr.P.C. quashes the First Information Report in Crime No. 950 of 2021 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. 950 of 2021, 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 25.03.2022 and produce the receipt before the respondent police, failing which the order shall stand dismissed automatically without any further reference to this Court. Sd/- Assistant Registrar /TRUE COPY/ / /2022 Sub Assistant Registrar(CS) aav To
1. The Sub-Inspector of Police, Kenikkarai Police Station, Kenikkarai, Ramanathapuram District.
2. The Additional Public Prosecutor Madurai Bench of Madras High Court Copy to:
The District Siddha Medical Officer, CCRI, Periyakulam.
+1 CC to M/s.N.PRAGALATHAN, Advocate ( SR-12869[F] dated 18/03/2022 ) Crl.O.P.(MD) No.4898 of 2022 16.03.2022 MK/18.03.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2