Rajendran v. The Inspector Of Police

` Crl.O.P(MD).5315 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.5315 of 2022 Rajendran

...Petitioner/Sole Accused

Vs.

1. State Rep. by The Inspector of Police, Gujiliyamparai Police Station, Dindigul District.

(Crime No.31 of 2022) ...1st Respondent/Complainant 2.Karthick ...2nd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records pertaining to the FIR in Crime No.31 of 2022 on the file of the first respondent police dated 15.02.2022 for alleged offence under Sections 279 and 337 of IPC and quash the same.

For Petitioners : Mr.M.Vigneshkumar For R1 : Mr.R.M.Anbunithi Additional Public Prosecutor For R2 : Mr.Ashok Kumar

ORDER

The Criminal Original Petition has been filed to to call for the records pertaining to the FIR in Crime No.31 of 2022 on the file of the first respondent police dated 15.02.2022 for alleged offence under Sections 279 and 337 of IPC and quash the same. 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 Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in Crime No.31 of 2022 pending on the file of the first respondent https://hcservices.ecourts.gov.in/hcservices/

` Crl.O.P(MD).5315 of 2022 police.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.31 of 2022, 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 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 on or before 02.04.2022 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 (CS I) // True Copy // / /2022 Sub Assistant Registrar(CS) tta Encl: Photocopy of Compromise Memo attached.

To

1. The Inspector of Police, Gujiliyamparai Police Station, Dindigul District.

2. The Additional Public Prosecutor Madurai Bench of Madras High Court Copy to:

The Officer in Charge, Chief Minister Public Relief Fund, Government of Tamil Nadu Finance(CMPRF), Secretarit, Chennai-9.

+1 CC to M/s.M.VIGNESH KUMAR, Advocate ( SR-14074[F] dated 24/03/2022 ) Crl.O.P.(MD) No.5315 of 2022 22.03.2022 MGJ(25.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/