Madras High CourtCRL OP(MD)/5305/2021allowed

G.Ranjithkumar v. The Inspector Of Police

2021-09-30Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P(MD)No.5305 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :30.09.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P(MD)No.5305 of 2021 1.G.Ranjithkumar 2.Mayakannan 3.Saravanan 4.Ashok @ Ashok Kumar 5.Krishnamoorthy ... Petitioners/Accused Nos 1 to 5 Vs.

1.The State Rep. by The Inspector of Police, Sholavanthan Police Station, Madurai.

(Crime No.365 of 2018) ... Respondent/Complainant 2.M.Balu ... Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records from the file of the first respondent police in Crime No.365 of 2018 and quash the same as against the petitioners concerned.

For Petitioners : Mr.R.M.Makesh Kumaravel For R1 : Mr.K.Sanjai Gandhi Government Advocate (Crl. side) For R2 : Mr.L.Prabakaran

ORDER

Heard both sides.

2.This Criminal Original Petition has been filed to quash the First Information Report in Crime No.365 of 2018 on the file of the first respondent police, for the offence punishable under Sections 147, 148, 294(b), 323, 324, 307 and 506(2) IPC. 3.The second respondent/defacto complainant as well as the petitioners/accused 1 to 5 are present before this Court and they are identified by the respective learned counsel and both the parties have filed joint compromise memo stating that the matters in issue between them has been amicably resolved and therefore, the second respondent / defacto complainant is not willing to prosecute the case and therefore would pray for quashing the First Information Report.

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Crl.O.P(MD)No.5305 of 2021 4.It is submitted by the first petitioner that a sum of Rs.75,000/- was received as compensation from the Government as per the Scheme and that was remitted on 28.09.2021 in the Government account. The challan is also produced before this Court. 5.The compromise memo is filed before this Court and the parties are also present at the learned Additional Public Prosecutor office and their identity has also been verified through video conference. Since the matters in issue has been compromised between the parties, no purpose will be served in keeping the First Information Report pending.

6.In the result, by recording the compromise, this Criminal Original Petition is allowed and the proceedings in Crime No.365 of 2018, on the file of the first respondent police is quashed. The joint compromise memo shall form part and parcel of this order.

Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) cp Encl : Joint Compromise Memo Dated 04.03.2021. 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, Sholavanthan Police Station, Madurai.

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

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