P. Venkatachalam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.6858 of 2022 P.Venkatachalam

...Petitioner/Sole Accused

Vs.

1.State rep. by The Inspector of Police, seevalaperi Police Station Tirunelveli District (Crime No.221/2021) ... 1st Respondent / Complainant 2.Sheik Ali ... 2nd Respondents / Defacto complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records in connection with Crime No. 221 of 2021 on the file of the first respondent police and quash the same. For Petitioner : Mr.R.J.Karthick For R-1 : Mr.R.M.Anbunithi Additional Public Prosecutor For R-2 : Mr.P.Kesavan

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No. 221 of 2021, on the file of the first respondent police, for an alleged offences under Sections 294(b), 465 and 506(ii) of IPC.

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 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.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. Further, the petitioner shall pay a sum of Rs.5,000/- as costs, 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 the receipt of payment shall be produced before the first respondent, failing which the order shall stand dismissed automatically without any further reference to this Court.

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

To

1. The Inspector of Police, seevalaperi Police Station Tirunelveli District 2.The Officer Incharge, Chief Ministers Public Relief Fund, Finance(CMPRF) Department, Government of Tamil Nadu, Secretariat, Chennai 600 009.

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

+1 CC to M/s.R.J. KARTHICK, Advocate ( SR-18700[F] dated 13/04/2022 ) Crl.O.P.(MD).No.6858 of 2022 13.04.2022 ARK(CO) TR(19.04.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2