Madras High CourtCRL OP(MD)/7528/2021allowed

K.Premkumar v. The Inspector Of Police

2022-02-04Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.7528 of 2021 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 21.02.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.7528 of 2021 K.Premkumar ... Petitioner/Sole Accused Vs.

1.The Inspector of Police, All Women Police Station, Thiruchendur, Thoothukudi District.

(Crime No.3 of 2021) ... 1st Respondent/Complainant 2.Pandiselvi ... 2nd Respondent/ Defacto Complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records relating to the impugned FIR in Crime No.3 of 2021 on the file of the Inspector of Police, All Women Police Station, Tiruchendur, Thoothukudi District and quash the same. For Petitioner : Mr.V.Sasikumar For R - 1 : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side) For R - 2 : Mr.S.Vishuvardhan

ORDER

The Criminal Original Petition has been filed to quash the FIR as against the petitioner/sole accused in Crime No.3 of 2021 on the file of the first respondent for the alleged offences under Sections 417, 376, 506(i) of I.P.C r/w 3(1)(r), 3(1)(s), 3(1)(w), (ii) and 3 (2)(v) of SC/St (Prevention of Atrocities) Act, 1989.

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 and 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.3 of 2021 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.7528 of 2021 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 FIR in Crime No.3 of 2021.

5. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the FIR in Crime No.3 of 2021 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 District Siddha Medical Officer, CCRI, Periyakulam in State Bank of India, Periyakulam Branch bearing Account No.10767823177, IFSC No.SBIN000898, MICR Code No.625002601, on or before 23.02.2022. Sd/- Assistant Registrar (CS-I) // True Copy // 22/02/2022 Sub Assistant Registrar(CS) Enclose herewith Copy of this Joint Compromise Memo ps 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 Inspector of Police, All Women Police Station, Thiruchendur, Thoothukudi District.

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

Copy To District Siddha Medical Officer, CCRI, Periyakulam.

+1 CC to M/s.V.SASI KUMAR, Advocate(SR-4893[F] dated 08/02/2022 ) Order made in Crl.O.P(MD)No.7528 of 2021 21.02.2022 MK/22.02.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2