Pagalavan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.8153 of 2022 1.Pagalavan 2.Uthirapathi 3.Kaviyan 4.Abinash
...Petitioners/Accused 1 to 4
Vs.
1.The State represented by The Inspector of Police, Orathanadu Police Station Thanjavur District
...Respondent/Complainant
(Crime No.617 of 2021) 2.Akilan
...Respondent/
Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records pertaining to the case in Crime No.617/2021, on the file of the first respondent police and quash the same.
For Petitioners : Mr.M.Pitchai Muthu For R-1 : Mr.R.M.Anbunithi Additional Public Prosecutor For R-2 : Mr.P.Maharaja
ORDER
The Criminal Original Petition has been filed to quash the proceedings in Crime No. 617/2021, on the file of the first respondent police, for an alleged offences under Sections 294(b), 324 and 506(ii) of IPC.
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 second respondent and also by their respective counsel.
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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. 617/2021, on the file of the first respondent police. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No. 617/2021, on the file of the first respondent police, is quashed insofar as the petitioners alone and the terms of joint compromise memo shall form part and parcel of this order. Further, the petitioners shall pay a sum of Rs.
5,000/- as costs, 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 20.05.2022 and the receipt of payment shall be produced before the first respondent, failing which the order shall stand dismissed automatically without any further reference to this Court.
Sd/- Assistant Registrar (CO) // True Copy // / /2022 Sub Assistant Registrar(CS) lr Encl: Photocopy of Compromise Memo attached.
To 1.The Inspector of Police, Orathanadu Police Station Thanjavur District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai.
3.The Joint Secretary to Government, CMPRF (Finance Department), Secretariat Branch, Chennai-9.
Crl.O.P.(MD).No.8153 of 2022 28.04.2022 MGJ(04.05.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/