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Madras High CourtCRL OP(MD)/6795/2022allowed

Vimal Raja v. The Deputy Superintendent Of Police

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

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.6795 of 2022

1. Vimal Raja

2. George Bush

...Petitioners/Accused Nos.10 & 11

Vs.

1. State rep. by The Deputy Superintendent of Police, Cheranmahadevi Sub Division, Tirunelveli District.

2.State rep. by The Inspector of Police, Mukkudal Police Station, Tirunelveli District.

(Crime No.21 of 2022) ... 1st & 2nd Respondents / Complainants

3. Sudalai ... 3rd Respondent / Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records in connection with Cr.No.21 of 2022 on the file of the 2nd Respondent Police and quash the same so far the Petitioner's concerned.

For Petitioners : Mr.S.Veerapandi Selvaraj For Respondents : Mr.R.M.Anbunithi No.1 & 2 Additional Public Prosecutor For Respondents : Mr.M.Esakkimuthu No.3

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.21 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 petitioners 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

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.21 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 Crime No.21 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 petitioners 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.

Sd/- Assistant Registrar(RTI) // True Copy // 18/04/2022 Sub Assistant Registrar(CS) aav Encl.: xerox copy of Joint Compromise memo.

To

1. The Deputy Superintendent of Police, Cheranmahadevi Sub Division, Tirunelveli District. 2.The Inspector of Police, Mukkudal Police Station, Tirunelveli District.

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

Copy to The Officer Incharge, Chief Ministers Public Relief Fund, Finance(CMPRF) Department,Government of Tamil Nadu, Secretariat, Chennai 600 009.

+1 CC to M/s.S. VEERAPANDI SELVARAJ, Advocate ( SR-18764[F] dated 13/04/2022 ) Crl.O.P.(MD) No.6795 of 2022 12.04.2022 am(CO) TR(18.04.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2