Madras High CourtCRL OP(MD)/5464/2022allowed

G.Reegan @ Reegan Thomas v. The Inspector Of Police

2022-03-23Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.03.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN 1.G.Reegan @ Reegan Thomas 2.Jonse @ Selva Jones 3.Jose 4.Nivas 5.J.Selva Salin @ Stalin 6.Anish @ Paulson Anish ... Petitioners/ Accused No.1,2,4,6, 8 & 9 Vs.

1.The State represented by The Inspector of Police, Panagudi Police Station, Tirunelveli District.

(Crime No.497 of 2013) ... Respondent/Complainant

2. Devakani ... Respondent/Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the entire records pertaining to the case in Crime No. 497 of 2013 on the file of the Inspector of Police, Panagudi Police Station, Tirunelveli District and quash the same. For Petitioners : Mr.A.Kesavan For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor for R.1 Mr.N.D.Thinakaran for R.2

ORDER

This Criminal Original Petition has been filed to quash the FIR as against the petitioners in Crime No. 497 of 2013 on the file of the first 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 petitioners and the second 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. 497 of 2013 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. 497 of 2013.

5. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the FIR in Crime No. 497 of 2013 pending on the file of the first respondent is quashed and the terms of Joint Memo of Compromise 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 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 01.04.2022 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 (Crl.

Side) // 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.

1. The Inspector of Police, Panagudi Police Station, Tirunelveli District.

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

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COPY TO:

THE DISTRICT SIDDHA MEDICAL OFFICER, CCRI, PERIYAKULAM.

+1 CC to M/s.A.KESAVAN, Advocate ( SR-14642[F] dated 25/03/2022 ) 23.03.2022 SJ(CO) GC(25.03.2022) 3P 5C 3/3