Thomson v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.07.2024 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD) No.6563 of 2023

1. Thomson

2. Karkuvel Iyyanar

3. Alex Prabakaran ... Petitioners Vs 1.The Sub Inspector of Police, Panagudi Police Station, Tirunelveli District.

Crime No. 390 of 2022.

2.Jenifer

...Respondents

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the impugned FIR in Crime No. 390 of 2022, on the file of the 1st respondent police and quash the same.

For Petitioners : Mr.S.Vishnuvardhan For R1 : Mr.P.Kottaichamy Government Advocate(Crl.side) For R2 : Mr.G.Sailendrababu

O R D E R

This Criminal Original Petition has been filed to quash the First Information Report in Crime No. 390 of 2022, on the file of the Panagudi Police Station, Tirunelveli District.

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2.Though this petition has been moved on the ground of compromise, when this petition is taken up for hearing today, the parties are not present before this Court, that too, when this petition is specifically posted for the appearance of the parties.

3.The learned Government Advocate (Crl.side) appearing for the official respondents submits that after investigation in the above crime number, a final report has been filed in CC No.136 of 2024, before the Judicial Magistrate Court, Valliyur.

4.This Court considered the submissions made by the learned Government Advocate (Crl.side).

5. Admittedly, these petitions have been moved to quash the First Information Report in Crime No. 390 of 2022, on the file of the Panagudi Police Station, Tirunelveli, on the ground of compromise. This petition is listed today, specifically for the appearance of both the parties. However, the parties are not present before this Court. Therefore, this Court is having its own doubt on the genuineness of the compromise arrived at between the parties. Moreover, it is brought to the notice of this Court that 2/4

the final report has been filed and the same was taken on file in CC No.136 of 2024, by the learned Judicial Magistrate, Valliyur. 6.In view of the above, this Court is not inclined to quash the above first information report on the ground of compromise. Accordingly, this Criminal Original petition is dismissed with liberty to the petitioners to challenge the final report, if so advised. If the parties approach the trial Court with a compromise memo, the trial Court shall ascertain the genuineness of the compromise arrived at between the parties and thereafter, shall proceed further in accordance with law.

22.07.2024 NCC : Yes/No Index : Yes/No vrn To 1.The Judicial Magistrate Court, Valliyur.

2.The Sub Inspector of Police, Panagudi Police Station, Tirunelveli District.

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

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B.PUGALENDHI,J vrn Order made in Crl.OP(MD) No.6563 of 2023 22.07.2024 4/4