S. Vishwanathan v. The Deputy Superintendent Of Police

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.8001 of 2022

1. S.Vishwanathan

2. T.Praveen @ Praveen Kumar

...Petitioners/A2 and A3

Vs.

1. The Deputy Superintendent of Police Economics Offences Wing II/Madurai No.39, Viswanathapuram Madurai District (Crime No. 3 of 2020)

2. The Inspector of Police Economics Offences Wing II/Madurai No.39, Viswanathapuram Madurai District (Crime No 3 of 2020) ...1st & 2nd Respondent/Complainant

3. S.Arulrajan ...3rd Respondent/Defacto Complainant

4. A.Suresh ...4th Respondent/Victim PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to to call for the records pertaining to the Crime No.3 of 2020 on the file of the first respondent police and quash the same against the petitioners/A2 and A3.

For Petitioners : Mr.M.R.Vijayakumar For Respondents : Mr.R.M.Anbunithi No.1 & 2 Additional Public Prosecutor No.3 & 4 : Mr.T.Sekar

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.3 of 2020 , 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 respondents 3 and 4 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

under Section 482 Cr.P.C. quashes the First Information Report in Crime No.3 of 2020 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.3 of 2020, 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 (CO) // True Copy // 04/05/2022 Sub Assistant Registrar(CS) aav To

1. The Deputy Superintendent of Police Economics Offences Wing II/Madurai No.39, Viswanathapuram,Madurai District

2. The Inspector of Police Economics Offences Wing II/Madurai No.39, Viswanathapuram,Madurai District

3. The Additional Public Prosecutor Madurai Bench of Madras High Court 4.The Joint Secretary to Government, CMPRF (Finance Department), Secretariat Branch, Chennai-9.

+2 CC to M/s.M.R. VIJAY KUMAR, Advocate ( SR-22148[F] dated 28/04/2022 ) Crl.O.P.(MD) No.8001 of 2022 27.04.2022 KS(CO) KB(04.05.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2