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Madras High CourtCRL OP(MD)/7754/2022allowed

Ramanathan v. The Inspector Of Police

2022-04-26Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.7754 of 2022 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 26.04.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.7754 of 2022 1.Ramanathan 2.Latha 3.Archana ... Petitioners/Accused Nos.1 to 3 Vs.

1.The State represented by, The Inspector of Police, Karaikudi North Police Station, Sivagangai District.

(Crime No.52 of 2020).

... 1st Respondent/Complainant 2.Mukeshvarma ... 2nd Respondent/ Defacto complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records relating to FIR in Crime No.52 of 2020, dated 08.02.2020 on the file of the Inspector of Police, Karaikudi North Police Station, Sivagangai District and quash the same as against the petitioners.

For Petitioners : Mr.S.Mahendrapathy For R - 1 : Mr.R.M.Anbunithi Additional Public Prosecutor For R - 2 : Mr.P.Balan

ORDER

The Criminal Original Petition has been filed to quash the FIR as against the petitioners/Accused Nos.1 to 3 in Crime No.52 of 2020 on the file of the first respondent for the offence under Section 174 of Cr.P.C @ 306 of I.P.C.

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 petitioners 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.52 of 2020 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 Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.7754 of 2022 @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the FIR in Crime No.52 of 2020.

5. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.52 of 2020 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 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 (CO) // True Copy // 04/05/2022 Sub Assistant Registrar(CS) 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, Karaikudi North Police Station, Sivagangai District.

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

3.The Joint Secretary to Government, CMPRF (Finance Department), Secretariat Branch, Chennai-9.

Crl.O.P(MD)No.7754 of 2022 26.04.2022 NSN(CO) KB(04.05.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2