M.Kannan v. The Inspector Of Police

Crl.O.P.(MD)No.9377 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.9377 of 2020 M.Kannan ... Petitioner/Sole Accused Vs.

1.The State Represent by The Inspector of Police, Pasuvanthanai Police Station, Tuticorin District.

... Respondent/Complainant (In Crime No.85 of 2019) 2.M.Maharajan ...2nd Respondent / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the First Information Report in Crime No.85 of 2019, dated 24.11.2019 for the offences under Sections 406, 420, 465 and 468 of IPC registered by the first respondent and quash the same as illegal.

For Petitioner : Mr.T.Thirumurugan For R1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl. side) For R2 : Mr.A.Kalidass

O R D E R

The Criminal Original Petition has been filed to quash the First Information Report registered in Crime No.85 of 2019, for the offences punishable under Sections 406, 420, 465 and 468 of I.P.C., dated 24.11.2019 on the file of the first respondent police. 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. The petitioner and the second respondent were also present in person before this Court through video conferencing and they were identified by Mr.Manimozhi, Inspector of Police, Pasuvanthanai Police Station, Tuticorin District. This Court also enquired both the parties and was https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.9377 of 2020 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 First Information Report pending. Furthermore, the offences involved are not compoundable in nature. Hence, 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.85 of 2019.

5.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No. 85 of 2019, on the file of the first respondent police, is quashed and the terms of joint compromise memo shall form part and parcel of this order. Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) cp Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. Encl: Xerox copy of Joint Compromise Memo To 1.The Inspector of Police, Pasuvanthanai Police Station, Tuticorin District.

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

Crl.O.P.[MD]No.9377 of 2020 09.09.2020 VB (15.09.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2