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Madras High CourtCRL OP(MD)/8156/2022allowed

Baskaran v. The Inspector Of Police

2022-04-28Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD).No.8156 of 2022 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.8156 of 2022 1.Baskaran 2.Palanisamy 3.Thangaselvi 4.Ambika @ Moogambikai 5.Gomu @ Komathi 6.Muthuramalingam

...Petitioners/Accused 1 to 6

Vs.

1.The Sub Inspector of Police, Ambasamudram Police Station Tirunelveli District (Crime No.371/2021) 2.B.Indumathi

...Respondent/Complainant

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records in Crime No. 371 of 2021 on the file of the Inspector of Police, Ambasamudram Police Station, Tirunelveli District, and consequently quash the FIR as against the petitioners/accused in Crime No.371 of 2021 on the file of the Inspector of Police, Ambasamudram Police Station, Tirunelveli District.

For Petitioners : Mr.S.Muthumalai Raja For R-1 : Mr.R.M.Anbunithi Additional Public Prosecutor For R-2 : Mr.Ka.Raamakrishnan

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.371 of 2021 on the file of the Inspector of Police, Ambasamudram Police Station, Tirunelveli District, for an alleged offences under Sections 498(A) 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. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.8156 of 2022 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.

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.371 of 2021 on the file of the Inspector of Police, Ambasamudram Police Station, Tirunelveli District. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.371 of 2021 on the file of the Inspector of Police, Ambasamudram Police Station, Tirunelveli District, is quashed insofar as the petitioners alone and the terms of joint compromise memo shall form part and parcel of this order. Sd/- Assistant Registrar (CS II) // True Copy // / /2022 Sub Assistant Registrar(CS) lr Encl: Photocopy of Joint Compromise Memo.

To 1.The Sub Inspector of Police, Ambasamudram Police Station Tirunelveli District.

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

+1 CC to M/s.S. MUTHU MALAI RAJA, Advocate ( SR-22428[F] dated 29/04/2022 ) Crl.O.P.(MD).No.8156 of 2022 28.04.2022 MGJ(26.05.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2