Madras High CourtCRL OP(MD)/6469/2023allowed

C.Sivabalan v. The Sub Inspector Of Police

2023-04-10Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD).No. 6469 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.04.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD).No. 6469 of 2023 C.Sivabalan ... Petitioner/Accused Vs.

1.The State rep. by Sub Inspector of Police, Suchindrum Police Station, Kanyakumari District.

(Crime No.404 of 2021) 2.T.Ratheesh : Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records in Crime No.404 of 2021 on the file of the Inspector of Police, Suchindrum Police Station, Kanyakumari District.

For Petitioner :

Mr.KA. Ramakrishnan For R1 :

Mr.B.Nambiselvan Additional Public Prosecutor For R2 :

Mr.K. Kaleeswaran

ORDER

This petition has been filed seeking to quash the impugned FIR in Crime No.404 of 2021 on the file of the 1st 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.404 of 2021 for the offences punishable under Sections 294(b) and 506(i) IPC, against the petitioner.

3.The further contention of the petitioner is that they compromised the issue with the 2nd respondent amicably. A joint https://www.mhc.tn.gov.in/judis 1/2

Crl.O.P.(MD).No. 6469 of 2023 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 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 06.04.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending and inclined to quash all further proceedings in Crime No.404 of 2021 pending on the file of the 1st respondent police in respect of this petitioner.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.404 of 2021, pending on the file of the 1st respondent police is hereby quashed in respect of the petitioner. The compromise memo is recorded and the terms of joint compromise memo shall form part of this order. Sd/- Assistant Registrar(AD II) // True Copy // /07/2023 Sub Assistant Registrar(CS) ENCL: COPY OF JOINT COMPROMISE MEMO trp To

1. The Sub Inspector of Police, Suchindrum Police Station, Kanyakumari District.

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

+1 CC to M/s.KA.RAAMAKRISHNAN, Advocate ( SR-20348[F] dated 10/04/2023 ) Crl.O.P.(MD).No. 6469 of 2023 10.04.2023 MK/11.07.2023 2P 4C https://www.mhc.tn.gov.in/judis 2/2