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Madras High CourtCRL OP(MD)/4710/2022allowed

Muthammal v. The Inspector Of Police

2022-03-14Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.4710 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.4710 of 2022 1.Muthammal 2.Mani Varthana

...Petitioners/Accused No 1 & 2

Vs.

1. State rep. by The Inspector of Police, Thoothukudi South Police Station, Thoothukudi District.

(Crime No. 505 of 2021) ... 1st Respondent/Complainant

2. Mallika ...2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to call for the records relating to the First Information Report in Crime No. 505 of 2021 on the file of the 1st respondent police and quash the same.

For Petitioners : Mr.R.Jegadeeswaran For R1 : Mr.R.M.Anbunithi Additional Public Prosecutor For R2 : Mr.M.Anbarasan

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No. 505 of 2021 on the file of the 1st respondent police, for an alleged offences under Sections 294(b), 323, 324, 355, 427 and 506(ii) of IPC.

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.4710 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. 505 of 2021 on the file of the 1st respondent police. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No. 505 of 2021 on the file of the 1st respondent police, is quashed insofar as the petitioners alone and the terms of joint compromise memo shall form part and parcel of this order. Further, the petitioners shall pay a sum of Rs.5,000/- 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 21.03.

2022 and the receipt of payment shall be produced before the first respondent, failing which the order shall stand dismissed automatically without any further reference to this Court.

1. The Inspector of Police, Thoothukudi South 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.

+1 CC to M/s.R.JEGADEESWARAN, Advocate ( SR-11946[F] dated 14/03/2022 ) Crl.O.P.(MD) No.4710 of 2022 14.03.2022 ARK(CO) GC(15.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2