R.Palanisamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.03.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN

1. R.Palanisamy

2. P.Santhi

3. Aravinth

4. Venkateshan

...Petitioners/Accused Nos.1 to 4

Vs

1. The State represented by The Inspector of Police, Gujiliyamparai Police Station, Dindigul District.

(Crime No.93/2011) ... 1st Respondent / Complainant

2. Ananthraj ... 2nd Respondents / Defacto complainant PRAYER :- Criminal Original Petition filed under Section 482 Cr.P.C.to call for the records pertinent to the FIR in Crime No.93/2011 on the file of the first respondent police dated 29.05.2011 for alleged offences U/s.294(b), 323, 506(i) and 379(NP) of IPC and to quash the same as illegal.

For Petitioners : Mr.M.Vigneshkumar For Respondent : Mr.K.Sanjai Gandhi Government Advocate (Criminal Side) for R1 : V.Chandra Pandi for R2

ORDER

This Criminal Original Petition has been filed to quash the First Information Report in Crime No. 93 of 2011 on the file of the 1st 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. 1/3

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 Gujarath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in Crime No.93 of 2011 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.93 of 2011, on the file of the first respondent police, is quashed insofar as the petitioners alone 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) each 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 05.04.2022 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(Writs) // True Copy // 31/03/2022 Sub Assistant Registrar(CS) PNM Encl.: xerox copy of 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 State represented by The Inspector of Police, Gujiliyamparai Police Station, Dindigul District.

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

Copy to The Officer Incharge, Chief Ministers Public Relief Fund, Finance(CMPRF) Department, Government of Tamil Nadu, Secretariat, Chennai 600 009.

ORDER IN Date : 29/03/2022 sp(CO) TR(31.03.2022) 3P 4C 3/3