Kottaisamy v. The Inspector Of Police
Crl.O.P.(MD).No.8379 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.8379 of 2022 Kottaisamy
...Petitioner/Sole Accused
Vs.
1.State through The Inspector of Police, Thiruvadanai Police Station Ramanathapuram District (Crime No.64/22) ... 1st Respondent/Complainant 2.Rajkumar ...2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the entire records in relating to the Crime No.64/2022 on the file of the first respondent and quash the same. For Petitioner : Mr.R.Aravind Raj For R-1 : Mr.R.M.Anbunithi Additional Public Prosecutor For R-2 : Mr.R.Balamurugan
ORDER
The Criminal Original Petition has been filed to quash the proceedings in Crime No.64/2022 on the file of the first respondent, for an alleged offence under Section 174 of Code of Crimnal Procedure.
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 petitioner 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2
Crl.O.P.(MD).No.8379 of 2022 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.64/2022 on the file of the first respondent. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.64/2022 on the file of the first respondent, is quashed insofar as the petitioner alone and the terms of joint compromise memo shall form part and parcel of this order. Further, the petitioner 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 30.05.2022 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:Xerox Copy of Joint Compromise Memo To 1.The Inspector of Police, Thiruvadanai Police Station Ramanathapuram District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
COPY TO:- THE OFFICER INCHARGE, CHIEF MINISTER PUBLIC RELIEF FUND, FINANCE(CMPRF) DEPARTMENT, GOVERNMENT OF TAMIL NADU, SECRETARIAT, CHENNAI 600 009.
+1 CC to M/s.R. ARAVIND RAJ, Advocate (SR-22599[F] dated 29/04/2022) Crl.O.P.(MD).No.8379 of 2022 29.04.2022 SB(CO)GC(06.05.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2