Vishva v. The Inspector Of Police

CRL OP(MD). No.5802 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL OP(MD). No.5802 of 2022 Vishva ..Petitioner/ Accused No.5 Vs

1. State represented by its The Inspector of Police, Soolakkarai Police Station, Virudhunagar District.

In Crime No.137 of 2021.

.. 1st Respondent/ Complainant

2. Pathmavathi .. 2nd Respondent/Defacto Complainant

3. Devika

4. Ganesh ..Respondents 3 to 4/ Victim PRAYER :- This Criminal Original Petition filed under Section 482 Cr.P.C.to call for the records in Crime No. 137 of 2021 on the file of the 1st respondent police and quash the same against the petitioner/Accused 5.

For Petitioner : Mr.R.Pon Karthikeyan For Respondent : Mr.B.Thanga Aravindh R1 Government Advocate (Criminal Side)

ORDER

This Criminal Original Petition has been filed to quash the First Information Report in Crime No. 137 of 2021, on the file of the first Respondent.

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 petitioner 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 Gujarath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.5802 of 2022 Crime No.137 of 2021 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.137 of 2021, on the file of the first respondent police, is quashed insofar as the petitioner alone and the terms of joint compromise memo 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 12.04.2022 and the receipt of payment shall be produced before the first respondent police, failing which the order shall stand dismissed automatically without any further reference to this Court.

Sd/- Assistant Registrar (C.O) // True Copy // / /2022 Sub Assistant Registrar(CS) PNM Enclosed herewith Copy of the Joint Compromise Memo 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

1. The Inspector of Police, Soolakkarai Police Station, Virudhunagar District.

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

Copy to:

The officer incharge, Chief Minister Public relief fund, Indian Overseas Bank, Secretariat Branch, Chennai-9.

+1 CC to M/s.R. PONKARTHIKYEAN, Advocate ( SR-16645[F] dated 05/04/2022 ) CRL OP(MD). No.5802 of 2022 Date : 30/03/2022 RD(07.04.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2