S. Mohamed Idris v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:13.12.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD).No.8003 of 2022 and Crl.MP(MD)No.5424 of 2022 S.Mohamed Idris ... Petitioner/Accused No.1 Vs.

1. The State Rep by The Inspector of Police, Vilakuthoon Police Station, Madurai District.

In Crime No.697 of 2021.

2.K.Kannan ... Respondents/Defacto Complainants 3.Ananthi (R3 is suo-motu impleaded as per order of the Court dated 05.10.2023 in Crl.OP(MD)No.8003 of 2022 by GIJ) PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records from the first respondent police in FIR.No.697 of 2021 dated 22.12.2021 and quash the same as illegal and devoid of merits as against the petitioner. For Petitioner : Mr.R.Anand For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) 1/4

ORDER

This petition has been filed seeking to quash the impugned FIR in Crime No.697 of 2021 on the file of the first respondent police. 2.The contention of the petitioner is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.697 of 2021 for the offences punishable under Sections 304(A) and 338 of IPC, 1860 @ Section 304(II) and 338 of IPC, 1860 against the petitioner and three others. 3.The further contention of the petitioner is that he compromised the issue with the 2nd respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioner and the 2nd respondent and also by their respective counsels. 4.The petitioner and the 2nd respondent appeared before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Government Advocate (Crl.Side) and the Investigation Officer. Both the parties were enquired by me and they 2/4

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 petitioner and also in view of the joint compromise memo, dated 04.12.2023, 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.697 of 2021 pending on the file of the 1st respondent police 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.697 of 2021, pending on the file of the 1st respondent police is hereby quashed in respect of the petitioner and the terms of joint compromise memo shall form part of this order. Consequently, the connected miscellaneous petition is closed. 13.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dss 3/4

G.ILANGOVAN ,J.

dss To

1. The Inspector of Police, Vilakuthoon Police Station, Madurai District.

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

Crl.O.P.(MD).No.8003 of 2022 and Crl.MP(MD)No.5424 of 2022 13.12.2023 4/4