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Madras High CourtCRL OP(MD)/7262/2022allowed

Suresh v. The Inspector Of Police

2022-04-20Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.04.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Suresh ... Petitioner/Sole Accused Vs.

1. The Inspector of Police, S.S.Colony Police Station, Madurai City, Madurai.

(Crime No.1101 of 2021) ... 1st Respondent/Complainant

2. Muthukrishnan ...2nd Respondent/Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records pertaining to the case pending to PRC No.21 of 2022 pending on the file of the learned Judicial Magistrate No.V, Madurai and quash the same.

For Petitioner : Mr.S.Chellapandian For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (Criminal Side) for R.1 Mr.T.Palanisamy for R.2

ORDER

This Criminal Original Petition has been filed to quash the proceedings in PRC No.21 of 2022 pending on the file of the learned Judicial Magistrate No.V, Madurai.

2.The case is under trial. 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 1/3

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 Charge Sheet in PRC No.21 of 2022 pending on the file of the learned Judicial Magistrate No.V, Madurai.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in PRC No.21 of 2022 pending on the file of the learned Judicial Magistrate No.V, Madurai, is quashed insofar as the petitioner alone and the terms of joint compromise memo shall form part and parcel of this order. The petitioner shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) as cost, to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172) on or before 29.04.2022 and the receipt of payment shall be produced before the concerned Court, failing which the order shall stand dismissed automatically without any further reference to this Court.

Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) mga 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. ENCL:Xerox Copy of Joint Compromise Memo To 1.The Judicial Magistrate No.V, Madurai.

2.The Inspector of Police, S.S.Colony Police Station, Madurai City, Madurai.

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

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COPY TO:- THE OFFICER INCHARGE, CHIEF MINISTER PUBLIC RELIEF FUND, FINANCE(CMPRF) DEPARTMENT, GOVERNMENT OF TAMIL NADU, SECRETARIAT, CHENNAI 600 009.

+1 CC to M/s.S. CHELLAPANDIAN, Advocate ( SR-19813[F] dated 20/04/2022 ) 20.04.2022 SG(CO) GC(21.04.2022) 3P 6C 3/3