Deenathalayan v. The Inspector Of Police

Crl.O.P.(MD) No.7963 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.7963 of 2022 Deenathayalan ... Petitioner/Accused No.6 Vs.

1.State represented by The Inspector of Police, Bazzar Police Station, Ramanathapuram, (Crime No.113 of 2018) ... 1st Respondent/Complainant 2.Saraswathi ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records relating to the FIR in Crime No.113 of 2018 dated 27.05.2018 on the file of the 2nd respondent police and quash the same Accused-6.

For Petitioners : Mr.D.Rameshkumar For R1 : Mr.R.M.Anbunithi Additional Public Prosecutor For R2 : Mr.S.Prabha

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.113 of 2018, 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 petitioner and the second 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 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.113 of 2018 pending on the file of the first respondent police.

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Crl.O.P.(MD) No.7963 of 2022 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.113 of 2018, 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 petitioner shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) as costs, to the District Siddha Medical Officer, CCRI, Periyakulam in State Bank of India, Periyakulam Branch bearing Account No.10767823177, IFSC No.SBIN000898, MICR Code No.625002601, on or before 13.05.2022 and produce the receipt before the first respondent police, failing which the order shall stand dismissed automatically without any further reference to this Court. Sd/- Assistant Registrar (RTI) // True Copy // 04/05/2022 Sub Assistant Registrar(CS) (*) Enclosed herewith The Joint Compromise Memo To

1. The Inspector of Police, Bazzar Police Station, Ramanathapuram, (Crime No.113 of 2018).

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

Copy to The District Siddha Medical Officer, CCRI, Periyakulam, Theni District.

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