George Fernanto v. The Inspector Of Police
Crl.O.P.(MD) No.7973 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.7973 of 2022 1.George Fernanto 2.Ammu 3.Libin @ Libinn Robinson 4.Senthil Murugan 5.Minor Pishan 6.Gopuraj
...Petitioners/Accused 1 to 3,5,6 & 8
Vs.
1. The State represented by The Inspector of Police Eraniel Police Station Kanyakumari District. ...1st Respondent/Complainant (Cr.No.179/2022) 2.Roselin Premalatha ...2nd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to to call for the records relating to FIR in Crime No. 179 of 2022 dated 28.03.2022 on the file of the Inspector of Police, Eraniel Police Station, Kanyakumari District and quash the same as against the petitioners.
For Petitioners : Mr.S.Saravanakumar For R1 : Mr.R.M.Anbunithi Additional Public Prosecutor For R2 : Mr.K.Backiaraj
ORDER
The Criminal Original Petition has been filed to quash the proceedings in Crime No.179 of 2022 , 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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Crl.O.P.(MD) No.7973 of 2022 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.179 of 2022 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.179 of 2022, 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 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 (P&A) // True Copy // 04/05/2022 Sub Assistant Registrar(CS) pnn Encl: Photocopy of Compromise Memo.
To 1.The Inspector of Police, Eraniel Police Station, Kanyakumari 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.
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