Madras High CourtCRL OP(MD)/5156/2021allowed

J.Jabezpeter v. The Inspector Of Police

2021-09-03Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P(MD)No.5156 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :03.09.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P(MD)No.5156 of 2021 J.Jabezpeter ... Petitioner/Sole Accused Vs.

State Rep. by its 1.The Inspector of Police, Thideer Nagar Police Station, Madurai City.

(Crime No.912 of 2020) ... 1st Respondent/Complainant 2.M.Askander Sheriff ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in Crime No.912 of 2020 pending on the file of the first respondent police and quash the same as against the petitioners.

For Petitioners : Mr.R.Ponkarthikeyan For Respondents : Mr.K.Sanjai Gandhi Government Advocate (Crl. side) for R1 Mr.P.Suresh for R2

ORDER

Heard both sides.

2.This Criminal Original Petition has been filed to quash the First Information Report in Crime No.912 of 2020 on the file of the first respondent police, for the offences punishable under Section 380 @ 381 of IPC.

3.The second respondent / defacto complainant as well as the petitioner/sole accused 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.

4.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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.5156 of 2021 Information Report pending.

5.In the result, by recording the compromise, this Criminal Original Petition is allowed and the proceedings in Crime No.912 of 2020, 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 (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) 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:

(*)Enclosed herewith Copy of the Joint Compromise Memo 1.The Inspector of Police, Thideer Nagar Police Station, Madurai City.

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

+1 CC to M/s.R.PONKARTHIKEYAN, Advocate ( SR-28167[F] dated 06/09/2021 ) Crl.O.P(MD)No.5156 of 2021 03.09.2021 RS (14.09.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2