Madras High CourtCRL OP(MD)/6808/2022allowed

Seenipandian @ Seenipandi v. The Inspector Of Police

2022-04-12Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.6808 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.04.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.6808 of 2022 and Crl.M.P(MD) No.4712 of 2022 Seenipandian @ Seenipandi

...Petitioner/Sole Accused

Vs.

1. State rep. by The Inspector of Police, Melapalayam Police Station, Tirunelveli City.

(Crime No.96 of 2022) ... Respondent/Complainant 2.Sha Nawaskhan ...2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for records pertaining to the FIR in Cr.No.96 of 2022 on the file of the 1st Respondent Police and Quash the same as illegal.

For Petitioners : Mr.D.Venkatesh For Respondents : Mr.R.M.Anbunithi No.1 Additional Public Prosecutor For Respondents : Mr.T.Lenin Kumar No.2

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Cr.No.96 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.6808 of 2022 Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in Cr.No.96 of 2022 pending on the file of the first respondent police. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Cr.No.96 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. The petitioner shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) as costs, to the 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 22.04.

2022 and produce the receipt before the respondent police, failing which the order shall stand dismissed automatically without any further reference to this Court. Consequently connected miscellaneous petition is also closed. Sd/- Assistant Registrar (RTI) // True Copy // 18/04/2022 Sub Assistant Registrar(CS-II) aav ENCL:Xerox Copy of Joint Compromise Memo To 1.The Inspector of Police, Melapalayam Police Station, Tirunelveli City.

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.

+1 CC to M/s.T. LENIN KUMAR, Advocate (SR-18269[F] dated 12/04/2022) Crl.O.P.(MD) No.6808 of 2022 and Crl.M.P(MD) No.4712 of 2022 12.04.2022 pk(CO)GC(18.04.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2