Madras High CourtCRL OP(MD)/8314/2022allowed

Muthusamy v. The Inspector Of Police

2022-04-29Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD).No.8314 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.8314 of 2022 1.Muthusamy 2.Rajkumar 3.Ganapathi 4.Annamalai 5.Rasu 6.Ayyanar

...Petitioners/Accused Nos 1 to 6

Vs.

1.State rep. by The Inspector of Police, Aviyur Police Station Virudhunagar District (Crime No.67/2022) ...1st Respondent/Complainant 2.Sundarapandi ...2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records and quash in Crime No.67/2022, dated 09.03.2022 on the file of the Inspector of Police, Aviyur Police Station, Virudhunagar District and quash the same as against the petitioners.

For Petitioners : Mr.R.Sundar For R-1 : Mr.B.thanga Aravindh Government Advocate (Crl.Side) For R-2 : Mr.B.Muthumari

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.67/2022, on the file of the first respondent police, for an alleged offences under Sections 147, 294(b) and 506 (i) of IPC and Section 4 of Prevention of Damage to Public Property Act, 1984 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. 3.A Joint Memo of Compromise has been filed before this Court which have been signed by the petitioners and the second respondent and also by their respective counsel.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.8314 of 2022 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.67/2022, on the file of the first respondent police. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.67/2022, on the file of the first respondent police, is quashed insofar as the petitioners alone and the terms of joint compromise memo shall form part and parcel of this order.

Further, the petitioners shall pay a sum of Rs.5,000/- 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 30.05.2022 and the receipt of payment shall be produced before the first respondent, failing which the order shall stand dismissed automatically without any further reference to this Court.

Sd/- Assistant Registrar (C.O) // True Copy // / /2022 Sub Assistant Registrar(CS) lr Encl: Xerox copy of Joint Compromise Memo To

1. The Inspector of Police, Aviyur Police Station, Virudhunagar District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3.The Joint Secretary to Government, CMPRF(Finance Dept) Secretariat, Chennai -09.

+1 CC to M/s.R. SUNDAR, Advocate ( SR-23144[F] dated 02/05/2022 ) ORDER MADE IN Crl.O.P.(MD).No.8314 of 2022 29.04.2022 PKP/06.05.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2