Madras High CourtCRL OP(MD)/5026/2021allowed

Surya @ Suryakanth v. The Sub Inspector Of Police

2021-09-30Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P(MD)No.5026 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :30.09.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P(MD)No.5026 of 2021 1.Surya @ Suryakanth 2.Kathiresh @ Kathiresan 3.Rathnam @ Rathnakanth 4.Logu @ Loganathan 5.Suresh ... Petitioners/ Accused Nos.1 to 5 Vs.

1.The Sub-Inspector of Police, Mukkudal Police Station, Tirunelveli District. ...1st Respondent/Complainant 2.Nirajkumar ...2nd Respondent/Defacto Complainant 3.Isairanjan ...3rd Respondent/Injured person PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in the First Information Report in Crime No.237 of 2020 on the file of the SubInspector of Police, Mukkudal Police Station, Tirunelveli District and quash the same.

For Petitioners : Mr.A.P.Muthupandian For R1 : Mr.K.Sanjai Gandhi Government Advocate (Crl. side) For R2 and R3 : Mr.B.Thangamani

ORDER

This Criminal Original Petition has been filed to quash the First Information Report in Crime No.237 of 2020 on the file of the first respondent police, for the offence punishable under Sections 147, 294(b), 323, 324 and 506(2) IPC. 2.Heard both sides.

3.The second respondent/defacto complainant and the third respondent/injured person as well as the petitioners/accused 1 to 5 are present before this Court and they are identified by the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.5026 of 2021 respective learned counsel and both the parties have filed joint compromise memo stating that the matters in issue between them has been amicably resolved and therefore, the second respondent/defacto complainant and the third respondent/injured person are not willing to prosecute the case and therefore, they would pray for quashing the First Information Report. 4.The compromise memo is filed before this Court and the parties are also present at the learned Additional Public Prosecutor office and their identity has also been verified through video conference. Since the matters in issue has been compromised between the parties, no purpose will be served in keeping the matter pending.

5.In the result, by recording the compromise, this Criminal Original Petition is allowed and the proceedings in Crime No.237 of 2020, on the file of the first respondent police is quashed. The joint compromise memo shall form part and parcel of this order.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2021 Sub Assistant Registrar(CS) cp 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.

To Enclose Joint Compromise Memo.

1.The Sub-Inspector of Police, Mukkudal Police Station, Tirunelveli District.

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

Crl.O.P(MD)No.5026 of 2021 30.09.2021 RK (21/10/2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2