← Library
Madras High CourtCRL OP(MD)/4817/2022allowed

Rajasekaran @ Rajasekar v. The Sub Inspector Of Police

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

Crl.O.P.(MD) No.4817 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.4817 of 2022 1.Rajasekaran @ Rajasekar 2.Mathan

...Petitioners/Accused No.2&6

Vs.

1. The Sub-Inspector of Police, Tiruchendur Police Station, Tiruchendur, Thoothukudi District.

(Crime No.160 of 2015) ... 1st Respondent/Complainant

2. Raja ... 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 FIR in crime No.160 of 2015 on the file of the 1st respondent police and to quash the same.

For Petitioners : Mr.N.Pragalathan For R1 : Mr.R.M.Anbunithi Additional Public Prosecutor For R2 : Mr.K.Muthukrishnan

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.160 of 2015 on the file of the 1st respondent police, for an alleged offences under Sections 147, 294(b), 323, 324 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 Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.4817 of 2022 of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in crime No.160 of 2015 on the file of the 1st respondent police.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in crime No.160 of 2015 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.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) lr ENCL : Joint Memo of Compromise To

1. The Sub-Inspector of Police, Tiruchendur Police Station, Tiruchendur, 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.N.PRAGALATHAN, Advocate ( SR-12335[F] dated 15/03/2022 ) Crl.O.P.(MD) No.4817 of 2022 14.03.2022 USK/15.03.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2