M.Santhosh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN 1.M.Santhosh 2.G.Dhinesh Kumar.

3.S.Mathan Kumar. ... Petitioners/Accused 1 to 3 Vs.

1.The Inspector of Police, Pasupathipalayam Police Station, Karur District.

Crime No.310 of 2019. ... 1st Respondent / Complainant 2.Govindaraja Perumal 3.V.SaranPrasanth ... 3rd Respondent / Victim PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the entire records pursuant to the FIR in Crime No.310 of 2019 on the file of the 1st respondent Police and quash the same.

For Petitioners : Mr.S.Gokulraj For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor for R1 Mr.S.Prabha for RR2 and 3

O R D E R

This petition has been filed seeking to call for the entire records pursuant to the FIR in Crime No.310 of 2019 on the file of the 1st respondent Police and quash the same. 2.The contention of the petitioners and the respondent Nos.2 and 3 is that based on the complaint lodged by the second respondent, the first respondent registered First Information Report in Crime No.310 of 2019 for the offences punishable under Sections 294(b), 323 and 506(2) of I.P.C., against the petitioners. 1/3

3.The further contention of the petitioners is that they entered into compromise with the respondent Nos.2 and 3 amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners, the respondent Nos.2 and 3 and also by their respective counsels.

4.The petitioners and the respondent Nos.2 and 3 appeared through video conference before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Additional Public Prosecutor and by the investigating officer. Both the parties to compromise were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded.

5.Considering the totality of the circumstances, the nature of the allegations levelled against the petitioners and also in view of the joint compromise memo, this Court is of the opinion that no useful purpose would be served by keeping the matter pending. Hence, all further proceedings in Crime No.310 of 2019 on the file of the 1st respondent Police, is quashed. The compromise memo is recorded.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.310 of 2019 on the file of the 1st respondent Police, is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order.

Sd/- Assistant Registrar (CRL) // True Copy // / /2021 Sub Assistant Registrar(CS) ssb Encl: Xerox copy 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, Pasupathipalayam Police Station, Karur District.

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

11.08.2021 MGJ (23/08/2021) 3P 3C 3/3