Vinoth v. The Inspector Of Police

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 05.04.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN 1.Vinoth 2.Mukesh Kannan 3.Vivek @ Vivek Raja 4.Kalai Selvan ... Petitioners/ Accused Nos.3, 8, 10 & 11 Vs.

1.The State, represented by, The Inspector of Police, Nainar Kovil Police Station, Ramanathapuram District.

(Crime No.119 of 2018). ... 1st Respondent/Complainant 2.Vinoth Raja ... 2nd Respondent/Defacto complainant 3.Mari @ Mariammal 4.Irai Amuthan ... Respondents 3 & 4/Other Victims Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the entire records relating to the impugned F.I.R in Crime No.119 of 2018 on the file of the first respondent police and to quash the same as against the petitioners/Accused Nos.3, 8, 10 & 11.

For Petitioners : Mr.M.Jeyakarthik For R - 1 : Mr.B.Thanga Aravindh Government Advocate (Crl. Side) For RR 2 to 4 : Mr.S.Vidhyasagar

ORDER

The Criminal Original Petition has been filed to quash the FIR as against the petitioners/Accused Nos.3, 8, 10 & 11 in Crime No.119 of 2018 on the file of the first respondent for the offences under Sections 147, 148, 294(b), 324 and 506(ii) of I.P.C and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and Section 3 of Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992.

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.

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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.

4. Under such circumstances, no useful purpose will be served in keeping the FIR in Crime No.119 of 2018 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.119 of 2018.

5. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.119 of 2018 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 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 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 (AE) // True Copy // 06/04/2022 Sub Assistant Registrar(CS-II) ps 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 Inspector of Police, Nainar Kovil Police Station, Ramanathapuram District.

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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.M.S. JEYAKARTHIK, Advocate ( SR-16766[F] dated 06/04/2022 ) Order made in Crl.O.P(MD)No.6159 of 2022 05.04.2022 SP(CO) GC(06.04.2022) 3P 5C 3/3