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Madras High CourtCRL OP(MD)/8449/2021allowed

Boopathy v. The Inspector Of Police

2021-09-28Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD) No.8449 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.8449 of 2021 Boopathy (19 Years) S/o.Kalimuthu ... Petitioner/Accused Vs.

1.State of Tamil Nadu represented by The Inspector of Police, Cantonment Police Station, Trichy District.

In Crime No.493 of 2021 ... 1st Respondent/Complainant 2.S.Gopinath (M/40 Years) ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in FIR in Crime No.493 of 2021 on the file of the 1st respondent police and quash the same. For Petitioner : Mr.S.Ramakrishnan For R1 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor For R2 : Mr.N.Anandakumar

ORDER

This petition has been filed seeking to quash the impugned FIR in Crime No.493 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.493 of 2021 for the offences punishable under Sections 294(b), 323 and 506(i)(2) of IPC against the petitioner.

3.The further contention of the petitioner is that he compromised the issue with the 2nd respondent amicably. A joint 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 through video conference from the Office of the Additional Public Prosecutor (Crl.Side) before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Additional Public Prosecutor and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.8449 of 2021 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 09.05.2021, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in Crime No.493 of 2021 pending on the file of the 1st respondent police is quashed and the compromise memo is recorded.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.493 of 2021, pending on the file of the 1st respondent police is hereby quashed and the terms of joint compromise memo shall form part of this order. Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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, Cantonment Police Station, Trichy District.

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

+1 CC to M/s.N.ANANDA KUMAR, Advocate (SR-30683[F] dated 29/09/2021) Crl.O.P.(MD)No.8449 of 2021 28.09.2021 DKS(CO) GC(28.10.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2