M.R.Muthu v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.5350 of 2022

1. R.Muthu

2. Sathishkumar

3. Manikandan

4. Pushparaj

5. Dineshbabu

6. Suresh

7. Ramesh

8. Kanagaraj

9. Subramanian

10. Nadimuthu

11. Arul

12. Vinoth @ Vinothkumar

13. Ramesh

...Petitioners/Accused Nos.1 to 13

Vs.

1. The State rep by The Deputy Superintendent of Police, Pattukottai Sub Division,

2. The State rep by The Inspector of Police, Thiruchitrambalam Police Station, (Crime No.53 of 2022) ... 1st & 2nd Respondents/ Complainants

3. Singaravelu @ Singaravel ... 3rd Respondents / Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records in connection with Crime No.53/2022 on the file of R1 police and quash the same For Petitioners :

Mr.R.Venkateshwar For Respondents :

Mr.R.M.Anbunithi No.1 & 2 Additional Public Prosecutor For Respondent :

Mr.K.M.KarunaKaran No.3 1/3

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.53 of 2022, on the file of the second respondent police.

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 third 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. 53 of 2022 pending on the file of the second respondent police.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No. 53 of 2022, on the file of the second 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 31.03.2022 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(CRL SIDE) // True Copy // / /2022 Sub Assistant Registrar(CS) aav ENCL.: XEROX COPY OF JOINT COMPROMISE MEMO.

To 1.The Deputy Superintendent of Police, Pattukottai Sub Division, 2/3

2. The Inspector of Police, Thiruchitrambalam Police Station,

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

4. The Officer Incharge, Chief Ministers Public Relief Fund, Finance(CMPRF) Department, Government of Tamil Nadu, Secretariat, Chennai 600 009.

Crl.O.P.(MD) No.5350 of 2022 23.03.2022 ark(CO) TR(25.03.2022) 3P 5C 3/3