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Madras High CourtCRL OP(MD)/6483/2022allowed

Rameshkannan v. The Inspector Of Police

2022-04-07Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD). No.6483 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.04.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL OP(MD). No.6483 of 2022 Rameshkannan ... Petitioner/Sole Accused Vs

1. State represented by The Inspector of Police, Chinnakovilankulam Police Station, Tenkasi District.

Crime No.221 of 2021.

... 1st Respondent/Complainant

2. Chinnathai ... 2nd Respondent/ Defacto Complainant PRAYER :- This Criminal Original Petition filed under Section 482 Cr.P.C.to call for the records pertaining to the Crime No.221/2021 on the file of the Inspector of Police Chinnakovilankulam Police Station, Tenkasi District and quash the same. For Petitioner : Mr.J.C.Rathinavel Pandian For Respondent : Mr.R.M.Anbunithi, R1 Additional Public Prosecutor R2 : Mr.S.Sivakumar

ORDER

This Criminal Original Petition has been filed to quash the First Information Report in Crime No. 221 of 2021, on the file of the 1st Respondent.

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 OP(MD). No.6483 of 2022 Vs. State of Gujarath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in Crime No.221 of 2021 pending on the file of the first respondent police.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.221 of 2021, on the file of the first respondent police, is quashed insofar as the petitioner alone and the terms of joint compromise memo shall form part and parcel of this order.

Sd/- Assistant Registrar (Crl Side) // True Copy // / /2022 Sub Assistant Registrar(CS) PNM Encl.: xerox copy of Joint Compromise memo.

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, Chinnakovilankulam Police Station, Tenkasi District. Crime No.221 of 2021.

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

CRL OP(MD). No.6483 of 2022 Date : 07/04/2022 TR(20.04.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2