J.Layola Joseph v. The Inspector Of Police
Crl.O.P.(MD) No.5474 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.5474 of 2022 1.J.Layola Joseph 2.K.Kannan
...Petitioners/Accused No 1 & 2
Vs.
1. The Inspector of Police, Thallakulam Police Station, Madurai City.
(Crime No.1296 of 2019)
2. G.Rengasamy
...Respondents/Complainant/
Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records in Crime No.1296/2019 pending investigation on the file of R1 police and quash the same. For Petitioners : Mr.A.Senthil Kumar For Respondents : Mr.R.M.Anbunithi No.1 Additional Public Prosecutor For Respondents : Mr.A.Ramesh No.2
ORDER
The Criminal Original Petition has been filed to quash the proceedings in Crime No.1296 of 2019, 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 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.1296 of 2019 pending on the file of the first respondent police.
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Crl.O.P.(MD) No.5474 of 2022 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.1296 of 2019, 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.10,000/- (Rupees Ten Thousand only) each 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 01.04.2022 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 (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) aav ENCL:Xerox Copy of Joint Compromise Memo To
1. The Inspector of Police, Thallakulam Police Station, Madurai City.
2. 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.
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