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Madras High CourtCRL OP(MD)/5539/2022allowed

Meshak v. The Inspector Of Police

2022-03-24Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.5539 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.5539 of 2022 1.Meshak 2.Selvin 3.Narayanan @ Kithiyon

...Petitioners/Accused NO 1 to 3

Vs.

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

(Crime No.87 of 2022) ... Respondent/Complainant

2. Nambirajan

...Respondent/Defacto Complainant

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the entire records pertaining to the FIR in Crime No.87/2022 on the file of the Inspector of Police, Panagudi Police Station, Tirunelveli District and quash the same in respect of the petitioners For Petitioners : Mr.N.Thinakaran For Respondents : Mr.R.M.Anbunithi No.1 Additional Public Prosecutor For Respondents : Mr.A.Kesavan No.2

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.87 of 2022, 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.5539 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.87 of 2022 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.87 of 2022, 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 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, Panagudi Police Station, Tirunelveli District.

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.

+1 CC to M/s.N.THINAKARAN, Advocate ( SR-14641[F] dated 25/03/2022 ) Crl.O.P.(MD) No.5539 of 2022 24.03.2022 ma(CO) GC(28.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2