Nithiyapathi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.6726 of 2022 and Crl.M.P(MD) No.4655 of 2022 Nithyapathi

...Petitioner/Sole Accused

Vs.

1. The Inspector of Police Samayanallur Police Station Madurai District ...1st Respondent/Complainant (In Crime No. 44/2022)

2. Natarajan ...2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to to call for the records pertaining to the FIR in Crime No.44 of 2022 dated 15.03.2022 on the file of the first respondent police and quash the same.

For Petitioner : Mr.M.Chandrasekaran For Respondents : Mr.R.M.Anbunithi No.1 Additional Public Prosecutor No.2 : Mr.R.Anandharaj

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.44 of 2022 , on the file of the first respondent police.

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.44 of 2022 pending on the file of the first respondent police.

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5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.44 of 2022 , on the file of the first respondent police, is quashed and the terms of joint compromise memo shall form part and parcel of this order. Consequently connected miscellaneous petition is also closed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To The Inspector of Police Samayanallur Police Station Madurai District Copy to The Additional Public prosecutor, Madurai Bench of Madras High Court, Madurai Crl.O.P.(MD) No.6726 of 2022 11.04.2022 SS(CO) KB(25.04.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2