S.Arun v. The Isnpector Of Police

Crl.O.P.(MD)No.4855 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.03.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.4855 of 2022 S.Arun

...Petitioner/Sole Accused

Vs

1. State represented through The Inspector of Police, Oomachikulam Police Station, Madurai District.

...Respondent/Complainant

(Crime No.128 of 2019) 2.Vanitha

...Respondent/

Defacto Complainant Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records of impugned First Information Report in Crime No. 128 of 2019 on the file of the respondent No.1 police station and quash the same as illegal.

For Petitioner : Mr.S.M.A.Jinnah For R1 : Mr.R.M.Anbunithi Additional Public Prosecutor For R2 : Mr.K.M.Karunakaran

ORDER

This Criminal Original Petition has been filed to quash the First Information Report in Crime No. 128 of 2019 on the file of the 1st 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 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 Gujarath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in https://hcservices.ecourts.gov.in/hcservices/

Crl.O.P.(MD)No.4855 of 2022 Crime No.128 of 2019 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.128 of 2019, 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 credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172), on or before 04.04.2022 and the receipt of payment shall be produced before the first respondent police, failing which the order shall stand dismissed automatically without any further reference to this Court. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS II) // True Copy // / /2022 Sub Assistant Registrar(CS) PNM Encl:Photocopy of Compromise Memo attached.

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. To:

1. The Inspector of Police, Oomachikulam Police Station, Madurai District.

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

Copy to:

The Officer in Charge, Chief Minister Public Relief Fund, Government of Tamil Nadu Finance (CMPRF) Department, Secretariat Branch,Fort St.George, Chennai-9 +1 CC to M/s.S.M.A.JINNAH, Advocate ( SR-15202[F] dated 29/03/2022 ) Crl.O.P.(MD)No.4855 of 2022 25.03.2022 https://hcservices.ecourts.gov.in/hcservices/ MGJ(30.03.2022) 2P 5C