Dharmamari Alias Muthumariyappan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE G. ILANGOVAN, Crl.O.P(MD)No.5204 of 2021:

1.Dharmamari @ Muthumariyappan 2.Pandikaruppu 3.Kannapiran 4.Vellaisamy Petitioners/Accused No.1 to 4 Vs 1.The Inspector of Police, Kallikudi Police Station, Madurai.

(Crime No.7/2020) Respondent / Complainant 2.Eswarapandi Respondent No.2/ Defacto Complainant Crl.O.P(MD)No.5238 of 2021:

1.Santhanam @ Santhakaruppu 2.Satheesh 3.Sarathkumar 4.Pandikaruppu 5.Boominathan (Died) 6.Kanthasamy 7.Marisamy Petitioners/Accused Nos.1 to 4, 6 & 7 Vs 1.The Inspector of Police, Kallikudi Police Station, Madurai.

(Crime No.8 of 2020) Respondent No.1/ Complainant 2.Thandi Respondent No.2/Defacto Complainant PRAYER in Crl.O.P(MD)No.5204 of 2021: Petition filed under Section 482 of Code of Criminal Procedure, to call for records relating to Crime No. 7 of 2020, on the file of the Inspector of Police, Kallikudi Police Station, Madurai and quash the same. PRAYER in Crl.O.P(MD)No.5238 of 2021: Petition filed under Section 482 of Code of Criminal Procedure, to call for records relating to Crime No.8 of 2020, on the file of the Inspector of Police, 1/3

Kallikudi Police Station, Madurai and quash the same. For Petitioners : M/s.A.Banumathy For R1 : Mr.R.M.Anbunithi, Additional Public Prosecutor For R2 : Mr.S.Kameshwaran (in both Crl.OPs) C O M M O N O R D E R Heard both sides.

2.These Criminal Original Petitions have been filed to quash the First Information Report in Crime Nos. 7 & 8 of 2020, on the file of the respondent police, for the offences punishable under Sections 147, 341,294(b), 323, 324 and 506 (ii) IPC 3.The second respondent / defacto complainant as well as the petitioners/accused in both Criminal Original Petitions are present before this Court and they are identified by the respective learned counsel and both the parties have filed joint compromise memos stating that the matters in issue between them has been amicably resolved and therefore, the second respondent / defacto complainant is not willing to prosecute the case and therefore would pray for quashing the FIRs.

4. The compromise memos are filed before this Court and the parties are also present at the learned Additional Public Prosecutor office and their identity has also been verified through video conference. Since the matters in issue has been compromised between the parties and the victim has also suffered simple injury and no purpose will be served in keeping the First Information Report pending.

5. In the result, by recording the compromise, these Criminal Original Petitions are allowed and the proceedings in Crime Nos. 7 & 8 of 2020, on the file of the respondent police are quashed. The joint compromise memos shall form part and parcel of this order. Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn Encl: Xerox copy of joint Compromised memo.

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, 2/3

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, Kallikudi Police Station, Madurai.

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

14.07.2021 MGJ(02.08.2021) 3P 3C 3/3