Panneerselvam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:13.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.6137 of 2023 Panneerselvam ... Petitioner/1st Accused Vs.

1.The State Represented by The Inspector of Police, District Crime Branch, Thanjavur District.

(In Crime No.26 of 2022) ...1st Respondent/Complainant 2.M.P.Ganesan ...2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in Crime No.26 of 2022 on the file of the 1st respondent Police and quash the same as against this petitioner. For Petitioner : Mr.A.Udhayakumar For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) For R2 : Mr.D.Balamurugapandi 1/4

O R D E R This petition has been filed seeking to quash the impugned FIR in Crime No.26 of 2022 on the file of the 1st respondent police. 2.The contention of the petitioner is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.26 of 2022 for the offences punishable under Sections 120(b), 294(b), 406, 420, 506(i) of IPC against the petitioner.

3. The matter was referred to the High Court Legal Services Committee, where, the compromise reached between the parties, by which, the accused agreed to pay a sum of Rs.15,00,000/-, which is involved in the subject matter. The defacto complainant is present before this Court and stated that the above said amount is received by him from the accused.

4.The further contention of the petitioner is that they compromised the issue with the 2nd respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioner and the 2nd respondent and also by their respective counsels. 2/4

5. The petitioner and the 2nd respondent appeared before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Government Advocate (Crl.side) and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded.

6. Considering the totality of the circumstances, the nature of the allegations levelled against the petitioner and also in view of the joint compromise memo, dated 25.04.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in Crime No.26 of 2022 pending on the file of the 1st respondent police is quashed and the compromise memo is recorded.

7. In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.26 of 2022, pending on the file of the 1st respondent police is hereby quashed in respect of the petitioner and the terms of joint compromise memo shall form part of this order. 13.12.2023 Index : Yes/No Internet : Yes/No Indu 3/4

G.ILANGOVAN. J.

Indu To 1.The Inspector of Police, District Crime Branch, Thanjavur District.

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

Crl.O.P.(MD) No.6137 of 2023 13.12.2023 4/4