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Madras High CourtCRL OP(MD)/6088/2023allowed

Athi Narayanan v. The Inspector Of Police

2023-04-11Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.6088 of 2023 Athi Narayanan ... Petitioner /Sole Accused Vs.

1.State Represented by The Inspector of Police, T. Kallupatti Police Station, Madurai District.

(In Crime No.77/2021). ...1st Respondent/Complainant

2. A.Tamilselvam ...2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in FIR in Crime No.77 of 2021 on the file of the 1st respondent police and to quash the same as against the petitioner.

For Petitioner : Mr.T.Palanisamy For R1 : Mr.S.Manikandan Government Advocate (Crl side) For R2 : Mr.K.Sankar 1/4

O RDER This petition has been filed seeking to quash the impugned FIR in Crime No.77 of 2021 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.77 of 2021 for the offences punishable under Sections 147, 148, 294(b), 448, 506(ii) of IPC against the petitioner.

3.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. 4.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 Additional Public Prosecutor and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded.

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5.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 30.03.2023, 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.77 of 2021 pending on the file of the 1st respondent police is quashed and the compromise memo is recorded. 6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.77 of 2021, 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. 11.04.20223 NCC:Yes/No Index : Yes/No Internet : Yes/No Indu 3/4

G.ILANGOVAN. J.

Indu To

1. The Inspector of Police, T.Kallupatti Police Station, Madurai District.

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

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