Thanu v. The Inspector Of Police
Crl.O.P.(MD) No.6634 of 2022 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.6634 of 2022 and Crl.M.P(MD) No.4572 of 2022 1.Thanu 2.Subramani 3.Neela Karthick 4.Sankar
...Petitioners/Accused No 1 to 4
Vs.
1. State through by The Inspector of Police, Suchindram Police Station, Kanyakumari District.
(Cr.No.224/2019) ... 1st Respondent/Complainant
2. Priyadharsan ...2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to call for the records pertaining to the FIR in Cr.No.224 of 2019 dated 15.05.2019 on the file of the Respondent No.1 for offence U/s.294(b),323,324,506(ii) of IPC and Quash the same as illegal as against the Petitioners alone. For Petitioners : Mr.R.Anandharaj For R1 : Mr.R.M.Anbunithi Additional Public Prosecutor R2 : Mr.K.Suyambulinga Bharathi
ORDER
The Criminal Original Petition has been filed to quash the proceedings in Crime No. 224 of 2019, on the file of the first respondent police, for an alleged offences under Sections 294(b), 323, 324 and 506(ii) 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 petitioners and the second respondent and also by their respective counsel.
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Crl.O.P.(MD) No.6634 of 2022 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. 224 of 2019, on the file of the first respondent police. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No. 224 of 2019, 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.
Further, the petitioners shall pay a sum of Rs.5,000/- as cost, 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 21.04.2022 and the receipt of payment shall be produced before the first respondent, failing which the order shall stand dismissed automatically without any further reference to this Court. Consequently, the connected miscellaneous petition is also closed.
Sd/- Assistant Registrar (CO) // True Copy // 19/04/2022 Sub Assistant Registrar(CS) lr ENCL:Xerox Copy of Joint Compromise Memo To 1.The Inspector of Police, Suchindram Police Station, Kanyakumari District.
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
COPY TO:- THE OFFICER INCHARGE, CHIEF MINISTER PUBLIC RELIEF FUND, FINANCE(CMPRF) DEPARTMENT, GOVERNMENT OF TAMIL NADU, SECRETARIAT, CHENNAI 600 009.
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