Sarath Kumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
1. Sarathkumar
2. Vijay
3. Pravin @ Praveen
4. Balamurugan
5. Ajithkumar
6. Vivek
7. Muthupandi
8. Meyya @ Meikumar 9.Panju @ Panchu
10. Thiruvasuki
11. Irulayi
...Petitioners/Accused No 1 to 3, 6,
8, 9, 11, 12, 15, 16 and 17 Vs.
1. The Inspector of Police Chathirakudi Police Station Ramanathapuram District.
(Crime No.33/2022) ... 1st Respondent/Complainant
2. Suresh ... 2nd Respondent/Defacto Complainant
3. Deepak
4. Deenadhayalan
...Respondents 3 and 4/Victims
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to to call for the records pertaining to the impugned FIR in Crime No.33 of 2022 dated 09.02.2022 pending on the file of the first respondent police and quash the same as against the accused 1 to 3,6,8,9,11,12,15,16 and 17 For Petitioners : Mr.R.Shankar Ganesh For Respondents : Mr.K.Sanjai Gandhi No.1 Government Advocate(Crl.Side) No.2 to 4 : Mr.V.Vijaydendran
ORDER
The Criminal Original Petition has been filed to quash the proceedings in Crime No.35 of 2022, on the file of the first respondent police.
2.The case is still at the stage of investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves. 1/3
3.A Joint Memo of Compromise has been filed before this Court which have been signed by the petitioners and the respondents 2 to 4 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 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 First Information Report in Crime No.33 of 2022 pending on the file of the first respondent police.
5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.33 of 2022, on the file of the first respondent police, is quashed and the terms of joint compromise memo shall form part and parcel of this order. The petitioners 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 05.05.2022 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 (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) aav ENCL:Xerox Copy of Joint Compromise Memo To 1.The Inspector of Police Chathirakudi Police Station Ramanathapuram District.
2.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.R. SHANKAR GANESH, Advocate ( SR-21264[F] dated 26/04/2022 ) 25.04.2022 pk(CO) GC(27.04.2022) 3P 5C 3/3