Madras High CourtCRL OP(MD)/7563/2022allowed

R. Nagalakshmi v. The Inspector Of Police

2022-04-25Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.7563 of 2022

1. R.Nagalakshmi

2. R.Surya

...Petitioners/

Accused Nos.1 & 2 Vs.

1. The State represented by The Inspector of Police, Sellur Police Station, Madurai City.

(In Crime No.1630 of 2019) ...1st Respondent/ Complainant

2. P.Rajadurai ...2nd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C, to call for the records in Crime.No. 1630 of 2019 on the file of the first respondent police and quash the same.

For Petitioners : Mr.R.J.Karthick For Respondents : Mr.R.M.Anbunithi No.1 Additional Public Prosecutor For Respondents : Mr.L.Subramanian Kishore No.2

ORDER

The Criminal Original Petition has been filed to quash the FIR in Crime.No. 1630 of 2019, 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. 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.

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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.1630 of 2019 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.1630 of 2019, 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 06.05.2022 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(CRL SIDE) // True Copy // 28/04/2022 Sub Assistant Registrar(CS) mga Encl.: xerox copy of Joint Compromise memo.

1. The Inspector of Police, Sellur Police Station, Madurai City.

2. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai Copy to The Officer Incharge, Chief Ministers Public Relief Fund, Finance(CMPRF) Department, Government of Tamil Nadu, Secretariat, Chennai 600 009.

+1 CC to M/s.P. RANJITH RAJA, Advocate ( SR-21073[F] dated 26/04/2022 ) Crl.O.P.(MD) No.7563 of 2022 25.04.2022 TR(28.04.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2