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Madras High CourtCRL OP(MD)/6204/2023allowed

Suppukalai @ Palanichamy v. The Inspector Of Police

2023-04-10Honourable Mr Justice G.Ilangovan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:10.04.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.6204 of 2023 and Crl.M.P(MD).No.5429 of 2023 1.Suppukalai @ Palanichamy 2.Siva @ Sivakumar 3.Mayakrishnan 4.K.Kandasamy

...Petitioners

Vs.

1. The State rep. by the Inspector of Police, Eriodu Police Station, Dindigul District.

(Crime No.68 of 2023) 2.Kaliayappan .... Respondents PRAYER: This Criminal original Petition is filed under Section 482 Cr.P.C., to call for the records relating to FIR in Crime No.320 of 2016, on the file of the Inspector of Police, Eriodu Police Station, Dindigul District and quash the same.

For Petitioner : Mr.V. Janakiramulu For Respondent No.1 : Mr.B.Nambiselvan Additional Public Prosecutor 1/6

For respondent No.2 : Mr. G. Ganapathy

ORDER

This petition has been filed seeking to quash the impugned FIR in Crime No.320 of 2016, on the file of the 1st respondent police. 2.The contention of the petitioners is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.320 of 2016, for the offences punishable under Sections 294(b), 323 and 506(2) IPC.

3.The further contention of the petitioners 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 petitioners and the 2nd respondent and also by their respective counsels. 4.The petitioners 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 2/6

accepted the terms of compromise. Hence, the Compromise Memo is recorded.

5.Considering the totality of the circumstances, the nature of the allegations levelled against the petitioners and also in view of the joint compromise memo, dated 06.04.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending and inclined to quash all further proceedings in Crime No.320 of 2016 pending on the file of the 1st respondent police in respect of these petitioners. 6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.320 of 2016, pending on the file of the 1st respondent police is hereby quashed in respect of the petitioners. The compromise memo is recorded and the terms of joint compromise memo shall form part of this order. Consequently, the connected Miscellaneous Petition is closed.

10.04.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No trp 3/6

To

1. The Inspector of Police, Eriodu Police Station, Dindigul District.

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

4/6

G.ILANGOVAN,J trp Order made in Crl.O.P.(MD)No.6204 of 2023 and Crl.M.P(MD).No.5429 of 2023 5/6

Dated :10.04.2023 6/6