Sivakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:26.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.6767 of 2023 and Crl.MP(MD)No.5877 of 2023 1.Sivakumar 2.Thamaraikannan 3.Manikandan 4.Arumugam 5.Raja 6.Prasanna : Petitioners/A1 to A4 Vs.

1.State through The Inspector of Police, Srirangam Police Station, Trichy City, Trichy.

(In Crime No.880 of 2022) : R1/Complainant 2.Krishnan : R2/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the impugned FIR in Crime No.880 of 2022, dated 20/07/2022 on the file of the 1st Respondent Police and to quash the same as illegal and pass such further order and other orders.

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For Petitioners : M/s.R.Yamuna For R1 : Mr.B.Nambiselvan Additional Public Prosecutor For R2 : Mr.V.Karuna O RDER This petition has been filed seeking to quash the impugned FIR in Crime No.880 of 2022 on the file of the 1st respondent police. 2.The contention of the petitioners is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.880 of 2022 for the offences punishable under Sections 147, 294(b), 323, 379, 506(ii) IPC and section 3 of Tamil Nadu Property (Prevention of Damage & Loss) Act, 1992, against the petitioners.

3.The further contention of the petitioners is that they compromised the issue with the 2nd respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the 2nd respondent and also by their respective counsels. 2/5

4.The petitioners and the 2nd respondent appeared before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Additional Public Prosecutor and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded.

5.It appears that missing of the son of the first accused, the above said occurrence has taken place and now, the matter has been compromise between the parties. With regard to the damage and missing of jewels also, that has been compensated by the petitioners. 6.Considering the totality of the circumstances, the nature of the allegations levelled against the petitioners and also in view of the joint compromise memo, dated 12.04.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending and inclined to quash all further proceedings in Crime No.880 of 2022 pending on the file of the 1st respondent police in respect of the petitioners. 3/5

7.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.880 of 2022, pending on the file of the 1st respondent police is hereby quashed in respect of the petitioners. The compromise memo is recorded and the terms of joint compromise memo shall form part of this order. Consequently, connected Miscellaneous Petition is closed.

26.04.2023 Index : Yes/No Internet : Yes/No er To

1. The Inspector of Police, Srirangam Police Station, Trichy City, Trichy.

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

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G.ILANGOVAN. J.

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