P.Radhakrishnan v. The Inspector Of Police

Crl.O.P.(MD)No.9209 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.(MD)No.9209 of 2020 1.P.Radhakrishnan 2.P.Saravanan ... Petitioners / Accused Vs.

1.The Inspector of Police, Nathampatti Police Station, Virudhunagar District.

... 1st Respondent / Complainant 2.R.Regina ... 2nd Respondent / De facto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the entire records pertaining to the impugned FIR in Crime No.326 of 2020, dated 24.07.2020, pending on the file of the 1st respondent Police and quash the same. For Petitioner : Mr.A.Ananda Raj For R-1 : Mr.A.P.G.Ohn Chairma Prabhu Govt. Advocate (Criminal side) For R-2 : Mr.J.Selvin Rajesh

O R D E R

This criminal original petition has been filed to quash the F.I.R registered in Crime No.326 of 2020, pending on the file of the 1st respondent Police, for the offence punishable under Sections 120B, 294(b), 406, 420 and 506(ii) of IPC.

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 has been signed by the petitioner, 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.Pragaspathi, SubInspector of Police, Natham Police Station, Virudunagar District. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.9209 of 2020

4. Under such circumstances, no useful purpose will be served in keeping the First Information Report pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court in Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath reported in (2017 9 SCC 641), this Court in exercise of its jurisdiction under Section 482 Cr.P.C., quashes the First Information Report in Crime No.326 of 2020 pending on the file of the first respondent Police.

5. Accordingly, this Criminal Original Petition stands allowed and as a sequel, FIR in Crime No.326 of 2020, 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-I) // True Copy // / /2020 Sub Assistant Registrar(CS ) Encl: Xerox Copy of the Compromise Memo.

MPK 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.

To 1.The Inspector of Police, Nathampatti Police Station, Virudhunagar District.

Copy to:

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

Crl.O.P.(MD)No.9209 of 2020 07.09.2020 NR (15.09.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2