Ramu @ Ramkumar v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.03.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Ramu @ Ramkumar ... Petitioner/Sole Accused Vs.

1. The Deputy Superintendent of Police, Devakottai, Sivagangai District.

... 1st Respondent/Nil

2. The Inspector of Police, Devakottai Town Police Station, Sivagangai District.

(In Crime No.412 of 2021) ... 2nd Respondent/Complainant

3. Subbulakshmi ... 3rd Respondent/ Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records in connection with the Crime No. 412 of 2021 on the file of the first respondent and quash the same in respect of the petitioner.

For Petitioner : Mr.S.M.Sanjay For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (Criminal Side) for R.1 & R.2 Mr.D.Palani Kumar for R.3

ORDER

This Criminal Original Petition has been filed to quash the FIR as against the Petitioner / Sole Accused in Crime No. 412 of 2021 on the file of the second respondent.

2. The case is under 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 has been signed by the petitioner and the third respondent and also by their respective counsel.

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4. Under such circumstances, no useful purpose will be served in keeping the FIR in Crime No. 412 of 2021 pending on the file of the first respondent, 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 FIR in Crime No. 412 of 2021.

5. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the FIR in Crime No. 412 of 2021 pending on the file of the second respondent is quashed and the terms of Joint Memo of Compromise 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 credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172) on or before 06.04.2022 and the receipt of payment shall be produced before the respondent police, failing which the order shall stand dismissed automatically without any further reference to this Court.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) mga 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. ENCL:Xerox Copy of Joint Compromise Memo To

1. The Deputy Superintendent of Police, Devakottai, Sivagangai District.

2. The Inspector of Police, Devakottai Town Police Station, Sivagangai District.

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

COPY TO:

THE OFFICER INCHARGE, THE CHIEF MINISTER PUBLIC RELIEF FUND, SECRETARIAT, CHENNAI - 9.

+1 CC to M/s.THIRUVARUTSELVAN, Advocate ( SR-15069[F] dated 29/03/2022 ) 28.03.2022 ARK(CO) GC(30.03.2022) 3P 6C 3/3