Arockiaraj v. The Sub Inspector Of Police

Crl.O.P.(MD) No.6058 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.04.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.6058 of 2022 Arockiaraj

...Petitioner/Accused

Vs.

1. The State of Tamil Nadu Rep. by, The Sub Inspector of Police, Manapparai Police Station, Trichy District.

(Crime No.1517 of 2020) ...1st Respondent/Complainant

2. A.Sebasthian ...2nd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to call for the records relating to the Crime.No. 1517 of 2020 on the file of the 1st respondent , quash the same and allow this Criminal original petition.

For Petitioner : Mr.J.Anandkumar For R1 : Mr.B.Thanga Aravindh Government Advocate (Criminal Side) For R2 : Mr.M.Karunanithi

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No. 1517 of 2020, on the file of the first respondent police, for an alleged offences under Sections 279 and 337 of IPC.

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 Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in Crime No.1517 of 2020 pending on the file of the first respondent https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.6058 of 2022 police.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.1517 of 2020, 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. Further, the petitioner shall pay a sum of Rs.5,000/- 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 13.04.2022 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 (CO) // True Copy // 11/04/2022 Sub Assistant Registrar(CS) lr Note To

1. The Sub Inspector of Police, Manapparai Police Station, Trichy District.

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

Copy to The joint Secretary to Government Chief Minister Public Relief Fund, Secretariat, Chennai-9 +1 CC to M/s.J. ANANDKUMAR, Advocate ( SR-17249[F] dated 07/04/2022 ) Crl.O.P.(MD) No.6058 of 2022 06.04.2022 SB(CO) KB(11.04.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2