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Madras High CourtCRL OP(MD)/8004/2022allowed

Buvaneshwari v. The Deputy Superintendent Of Police

2022-04-27Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.8004 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.8004 of 2022 Buvaneshwari

...Petitioner/Sole Accused

Vs.

1. The State represented by The Deputy Superintendent of Police, Office of the Deputy Superintendent of police, Trichy District and others.

2.The Inspector of Police, Thiruverambur Police Station, Trichy District.

(Crime No.118 of 2022) ...1 and 2 respondent/Complainant 3.Natarajan ...3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to to call for the records and quash the same FIR in Crime No.118 of 2022 pending on the file of the respondent police. For Petitioners : Mr.J.Sulthan Basha For R1 & R2 : Mr.R.M.Anbunithi Additional Public Prosecutor For R3 : Mr.G.Porkodi Karunakaran

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.118 of 2022 , on the file of the 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 petitioner and the third respondent and also by their respective counsel.

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

Crl.O.P.(MD) No.8004 of 2022 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.118 of 2022 pending on the file of the respondent police. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.118 of 2022, on the file of the respondent police, is quashed and the terms of joint compromise memo 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 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 13.05.2022 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 (T&P) // True Copy // 04/05/2022 Sub Assistant Registrar(CS) pnn To

1. The Deputy Superintendent of Police, Office of the Deputy Superintendent of police, Trichy District and others.

2.The Inspector of Police, Thiruverambur Police Station, Trichy District. Copy to 1.The Additional Public prosecutor, Madurai Bench of Madras High Court, Madurai

2. The Joint Secretary to Government Chief Minister Public Relief Fund, Secretariat, Chennai-9 +1 CC to M/s.J. SULTAN BASHA, Advocate ( SR-21527[F] dated 27/04/2022 ) Crl.O.P.(MD) No.8004 of 2022 27.04.2022 NSN(CO) KB(04.05.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2