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Madras High CourtCRL OP(MD)/5219/2022allowed

R.Surya @ Eli Surya v. The Inspector Of Police

2022-03-21Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.5219 of 2022

1. R.Surya @ Eli Surya

2. S.Sriram

3. K.R.Gowtham

4. S.Thivakar

5. M.Irulraj

6. M.Muthuramalingam

7. B.Shahid Afridi

8. Arjun Pandian

9. K.Ragul

10. R.Sathis @ Sathis Kumar

11. M.Vengateswaran

12. P.Rajkumar

13. M.Arunkumar

14. P.Anbupandian

15. N.Anand

...Petitioners/Accused Nos.1 to 15

Vs.

1. State rep. by The Inspector of Police, Teppakulam Police Station, Madurai City.

... 1st Respondent / Complainant (Cr.No.613 of 2021

2. Vigneshwar ... 2nd Respondents / Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to to call for the records of FIR in Crime No.613/2021 on the file of the Theppakulam Police Station dated 29/11/2021 and to quash the same as far as the petitioners are concerned. For Petitioners : Mr.M.Mukesh Sharma For Respondent : Mr.R.M.Anbunithi No.1 Additional Public Prosecutor For Respondent : Mr.S.Loganathan No.2

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.613 of 2021, on the file of the first 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

which have been signed by the petitioners 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.613 of 2021 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.613 of 2021, 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 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(Records) // True Copy // / /2022 Sub Assistant Registrar(CS) Aav ENCL.: XEROX COPY OF JOINT COMPROMISE MEMO.

To

1. The Inspector of Police, Teppakulam Police Station, Madurai City.

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

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

+16 CC to M/s.M.MUKESH SHARMA, Advocate SR-13149 Crl.O.P.(MD) No.5219 of 2022 21.03.2022 KMV(CO) TR(23.03.2022) 2P 20C https://hcservices.ecourts.gov.in/hcservices/ 2/2