Sankaranarayanan v. The Deputy Superintendent Of Police

CRL.O.P (MD) No.5337 of 2022 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.5337 of 2022 Sankaranarayanan ... Petitioner/Sole Accused Vs 1.State Rep. by The Deputy Superintendent of Police, All Women Police Station, Kumbakonam, Thanjavur District.

... 1st Respondent/Complainant 2.Ganga Sri ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records relating to the FIR in Crime No.23 of 2021 on the file of the 1st respondent and quash the same as illegal.

For Petitioner : Mr.AN.Ramanathan For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor for R1 Mr.P.Pethu Rajesh for R2

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in Crime No.23 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 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.5337 of 2022 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.23 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.23 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 petitioner shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) as costs, to the District Siddha Medical Officer, CCRI, Periyakulam in State Bank of India, Periyakulam Branch bearing Account No.10767823177, IFSC No.SBIN000898, MICR Code No.625002601, on or before 31.03.2022 and produce the receipt before the first respondent police, failing which the order shall stand dismissed automatically without any further reference to this Court. Sd/- Assistant Registrar (Writs) // True Copy // / /2022 Sub Assistant Registrar(CS) Enclosure:- Joint Compromise Memo To 1.The Deputy Superintendent of Police, All Women Police Station, Kumbakonam, Thanjavur District.

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

3.The District Siddha Medical Officer, CCRI, Periyakulam.

+1 CC to M/s.AN.RAMANATHAN, Advocate ( SR-14088[F] dated24/03/2022) Order made in CRL.O.P (MD) No.5337 of 2022 23.03.2022 SA(24.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2