M.Selvakumar v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2022
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN M.Selvakumar ... Petitioner Vs.
1.The Sub Inspector of Police, Aruppukottai Taluk Police Station, Virudhunagar District.
Crime No.20 of 2018 2.V.Muthuraj ... Respondents Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records pertaining to Crime No.20 of 2018 on the file of the first respondent police and quash the same. For Petitioner : Mr.S.Thirunavukarasu For R-1 : Mr.R.M.Anbunithi Additional Public Prosecutor(Crl. Side) For R-2 : K.S.Prakash
ORDER
The Criminal Original Petition has been filed to quash the FIR as against the petitioner in Crime No.20 of 2018 on the file of the first respondent for the alleged offences under Sections 294(b), 324 and 506(2) IPC.
2. The case is under 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 has been signed by the petitioner, the second respondent and also by their respective counsel.
4. Under such circumstances, no useful purpose will be served in keeping the FIR in Crime No.20 of 2018 pending on the file of the first respondent, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir 1/3
@ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the FIR in Crime No.94 of 2019.
5. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the FIR in Crime No.20 of 2018 pending on the file of the first respondent is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. The petitioner shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) 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 27.05.2022 and produce the receipt before the respondent police, failing which the order shall stand dismissed automatically without any further reference to this Court. Sd/- Assistant Registrar (CS-II) // True Copy // 23/05/2022 Sub Assistant Registrar(CS) Rmk Enclosed herewith Copy of the Joint Compromise Memo 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, Aruppukottai Taluk Police Station, Virudhunagar District.
2.The Joint Secretary to Government, CMPRF Financial Department, Secretariat Branch, Chennai-9.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.S.THIRUNAVUKARASU, Advocate ( SR-22274[F] dated 28/04/2022 ) +1 CC to M/s.K.S.PRAKASH, Advocate ( SR-22275[F] dated 28/04/2022 ) 2/3
Crl.O.P(MD).No.7975 of 2022 29.04.2022 RD(23.05.2022) 3P 6C 3/3