Karthick Raja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI Dated: 18.11.2019 The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN Crl.OP(MD).No.9530 of 2019 and Crl.M.P.(MD).No.6052 of 2019 Karthick Raja ... Petitioner/ Accused No.7 Vs.

1.State Rep.by The Inspector of Police Avaniyapuram Police Station, Avaniyapuram, Madurai City (Crime No.604/2019) ...1st Respondent/ Complainant 2.The Assistant Commissioner Of Police, Social Justice and Human Rights Wing, Madurai City ... 2nd Respondent/Investigating Officer 3.Vasanth ... 3rd Respondent/ Defacto Complainant Prayer :- Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the First Information Report in FIR in Crime No.604/2019 on the file of the Respondent Police and quash the same as illegal.

For Petitioner :Mr.C.Mayilvahana Rajendran For R1 & R2 :Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side) For R3 :Mr.K.Seemaraj ******

ORDER

This petition is filed to quash the proceedings in Crime No.604 of 2019 on the file of the respondent police, as against the petitioner.

2.The learned Government Advocate (Crl.Side) would submit that the respondent police has completed the investigation in Crime No.604 of 2019 and filed a final report and the same has been taken cognizance in (*) Spl.S.C.E-filling.No.176 of 2019 on the file of the III Additional District and Sessions Judge (PCR Cases), Madurai.

3.It is seen that now the parties entered into a compromise by way of joint compromise memo, dated 18.11.2019. Therefore, the FIR as well as the consequential proceedings namely the (*)Spl.S.C.E-filling.No.176 of 2019 on the file of the III Additional District and Sessions Judge (PCR Cases), Madurai, is hereby quashed in respect of the petitioner alone and the terms of Joint Compromise Memo shall form part and parcel o this order. The petitioner shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry), and file a photocopy of the receipt along with a memo reporting compliance before the Registry and the Registry and the first respondent and the trial Court on or before 02.12.

2019, failing which, this order automatically stands cancelled without further reference to this Court and the trial Court can proceed with the trial in (*) Spl.S.C.E-filling.No.176 of 2019. The trial Court is directed to proceed with the trial in respect of other accused persons. Sd/- Assistant Registrar(AS) (*)Substituted from para Nos.2 and 3 of the Court order dated 03.01.2023.

Sd/- Assistant Registrar(AS) // True Copy // /02/2023 Sub Assistant Registrar(CS) VSD (*)To be Substituted to the order already dispatched on 26/11/2019. Encl: Xerox copy of Joint Compromise Memo dated.18/11/2019. To 1.The III Additional District and Sessions Judge (PCR Cases), Madurai.

2. The Inspector of Police Avaniyapuram Police Station, Avaniyapuram, Madurai City.

3. The Assistant Commissioner of Police, Social Justice ana Human Rights Wing, Madurai City.

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

Copy to:

The Section Officer, Account Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.C.Mayil Vahana Rajendran, Advocate(SR-286[F] dated 04/01/2023) Crl.OP(MD).No.9530 of 2019 and Crl.M.P.(MD).No.6052 of 2019 18.11.2019 ES(26.11.2019) 2P/ 7C SI(22.02.2023) 3P/ 7C