Konnamuthu, v. The Inspector Of Police,
Crl.OP(MD)No.6616 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2022
CORAM:
THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.OP(MD)No.6616 of 2019 1.Konnamuthu 2.Murugan ... Petitioners/Accused 1 & 3 vs.
1.The State Represented by its, The Inspector of Police, Ramanathapuram Town Police Station, Ramanathapuram District.
(Crime No.304 of 2017) ... 1st Respondent/Complainant 2.Muthu Murugan ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the entire records in relating to the impugned proceedings of the FIR in Crime No.304 of 2017 on the file of the 1st respondent police and to quash the same in so far as the petitioners are concerned.
For Petitioners : Mr.M.S.Jeyakarthik For R1 : Mr.P.Kottai Chamy Government Advocate(Criminal Side) For R2 : Mr.M.Dharmar
O R D E R
This petition has been filed to quash the FIR in Crime No.304 of 2017 on the file of the Inspector of Police, Ramanathapuram Town Police Station, Ramanathapuram District.
2.It is a case and case in counter. The contention of the petitioners and the second respondent is that based on the complaint lodged by the second respondent, the first respondent registered First Information Report in Crime No.304 of 2017 for the offences punishable under Sections 294 (b), 323, 324 and 506 (ii) of IPC, against the petitioners.
3.The further contention of the petitioners is that they compromised the issue with the second respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the second respondent and also by their respective counsels.
4.The petitioners and the second respondent appeared through video conference from the office of the learned Government Advocate https://hcservices.ecourts.gov.in/hcservices/ 1/2
Crl.OP(MD)No.6616 of 2019 (Criminal side) before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Government Advocate (Criminal side) and Mr.R.Sivakumar, Head Constable, B1 Town Police Station, Ramanathapuram, Ramanathapura District. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded. 5.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 17.12.2021, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in Crime No.304 of 2017, pending on the file of the Inspector of Police, Ramanathapuram Town Police Station, Ramanathapuram District, is quashed and the compromise memo is recorded.
6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.304 of 2017, pending on the file of the Inspector of Police, Ramanathapuram Town Police Station, Ramanathapuram District, is hereby quashed in respect of the petitioners herein alone and the terms of joint compromise memo shall form part of this order.
Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) dss/ebsi 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.
ENCL:Xerox Copy of Joint Compromise Memo To 1.The Inspector of Police, Ramanathapuram Town Police Station, Ramanathapuram District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.OP(MD)No.6616 of 2019 07.03.2022 IMS(CO) GC(21.03.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2