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Madras High CourtCRL OP(MD)/7975/2023allowed

Mani v. The Inspector Of Police

2024-11-20Honourable Mr Justice N. Anand Venkatesh6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2024

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD) No.7975 of 2023 and Crl.M.P. (MD) No.6981 of 2023

1. Mani

2. Sudhakar

3. Anand

4. Manipandi

5. Gokul

6. Mani Barathi

7. Murali

8. Alagendran ... Petitioners Vs.

1.The Inspector of Police, Appanthiruppathy Police Station, Madurai District.

Cr.No.10/2023.

2. Valarmathi ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of 1/6

Criminal Procedure Code, to call for the records pertaining to the Cr.No. 10 of 2023 dated 15.01.2023 on the file of the respondent police and quash the same as illegal.

For Petitioners : Mr.A.Vadivel For Respondents : Mr.A.Albert James Government Advocate (Crl. Side) for R1 Mr.M.Madhavan for R2

O R D E R

This Criminal Original Petition has been filed seeking to quash the FIR in Crime No.10 of 2023, pending on the file of the first respondent.

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. Joint Memo of Compromise dated 14.06.2023 signed by the petitioners and the second respondent and their respective counsel has been filed before this Court. In order to identify the respective parties they have also produced the copies of the Aadhaar Card are made part of 2/6

the record. The petitioners and the second respondent were also present in person before this Court and they were identified by Mr.P.Manikandan (SSI), Appanthirupathi PS. In the Joint Memo of Compromise, it has been stated that the petitioners and the second respondent have entered into a compromise and amicably settled their issues in Crime No.10 of 2023, pending on the file of the first respondent. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

4. Under such circumstances, no useful purpose will be served in keeping the case pending, 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) and after exercising due caution as advised by the Hon'ble Supreme Court in The State of Madhya Pradesh v. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10, this Court in exercise of its jurisdiction under Section 482 Cr.P.C, quash the FIR in Crime No.10 of 2023, pending on the file of first respondent.

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5.This Criminal Original Petition stands allowed and as a sequel, the investigation in Crime No.10 of 2023, pending on the file of the first respondent is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order.

20.11.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No PKN 4/6

To 1.The Inspector of Police, Appanthiruppathy Police Station, Madurai District.

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

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N.ANAND VENKATESH,J.

PKN Dated: 20.11.2024 6/6