S.Pandithurai v. The Sub Inspector Of Police
Crl.O.P.(MD)No.6070 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.6070 of 2021 1.S.Pandithurai 2.Balraj ... Petitioners/A1 and A2 Vs.
1. The State, Rep. by the The Sub-Inspector of Police, Karaikudi North Police Station, Karaikudi, Sivagangai District.
...1st Respondent/Complainant 2.Ravichandran ...2nd Respondent/Defacto Complainant 3.Amutha ...3rd Respondent/Victim PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in Crime No. 807 of 2020 dated 16.04.2021 for the offences under Sections 147, 148, 448, 294(b), 323, 337, 427 and 506(ii) IPC and Section 4 of Tamilnaduu Prohibition of Harassment of Women Act, 2002 on the file of the first respondent police and quash the same.
For Petitioners : Mr.AL.Kannan For R1 : Mr.R.M.Anbunidhi Additional Public Prosecutor For R2 & R3 : Mr.V.Uthayakumar O R D E R This petition has been filed to quash the First Information Report in Crime No. 807 of 2020 dated 16.04.2021 registered for the offences under Sections 147, 148, 448, 294(b), 323, 337, 427 and 506 (ii) IPC and Section 4 of Tamilnaduu Prohibition of Harassment of Women Act, 2002 on the file of the first respondent police.
2. The case has been registered for the offences punishable under Sections 147, 148, 448, 294(b), 323, 337, 427 and 506(ii) IPC and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, 2002 on the basis of the complaint given by the second respondent.
3. The crux of the complaint is that the first petitioner is running a private transport and the defacto complainant is running a medical shop. The defacto complainant borrowed a sum of Rs.3 lakhs from the first petitioner on issuing a post dated cheque in favour https://hcservices.ecourts.gov.in/hcservices/ 1/2
Crl.O.P.(MD)No.6070 of 2021 of the first petitioner. He did not repay the same. The first petitioner is in need of money and therefore, the petitioners went to the medical shop run by the defacto complainant and asked him to repay the money. The defact complainant entered into wordy quarrel with the first petitioner and at that time the persons, who were present in the defacto complainant's medical shop pushed the first petitioner. Hence, the case has been registered for the aforesaid offences.
4. When the matter is taken for hearing, the petitioners/A1 and A2 and the respondents 2 and 3 are present before the Office of the Additional Public Prosecutor and appeared through video conference. Their respective counsel are also present before this Court through video conference. The identity of the parties are verified by the respective counsel and the police. When this Court enquired with the parties, it is seen that they have compromised the dispute. The respondents 2 and 3 are willing to quash the case in Crime No. 807 of 2020. In view of the compromise entered into between the parties, no purpose would be served in keeping proceedings pending.
5. Recording the joint compromise memo dated 20.04.2021, the First Information Report in Crime No. 807 of 2020 on the file of the first respondent police is hereby quashed so far as the petitioners are concerned. The joint compromise memo shall form part of this order.
6. In fine, this petition is allowed.
Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) CM 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.
To
1. The Sub-Inspector of Police, Karaikudi North Police Station, Karaikudi,Sivagangai District.
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD)No.6070 of 2021 15.07.2021 RC (26.07.2021) 2P-3C https://hcservices.ecourts.gov.in/hcservices/ 2/2