Esakki Muthu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.07.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN 1.Esakki Muthu 2.Dhanushkodi 3.Mariyammal ... Petitioners/Accused Nos.1, 2 & 3 Vs.

1.The State Rep by its, The Inspector of Police, Pudukkottai Police Station, Thoothukudi District.

(Crime No.182 of 2021) ... 1st Respondent/Complainant 2.Balasubramaniyan ... 2nd Respondent/Defacto Complainant 3.Thalapathi ... 3rd Respondent/Another Victim Prayer:Criminal Original Petition filed under Section 482 Cr.P.C., to call for the entire records in relating to the impugned FIR in Crime No.182 of 2021 on the file of the 1st respondent and quash the same.

For Petitioners : Mr.M.S.Jeyakarthik For R1 : Mr.R.M.Anbunithi, Additional Public Prosecutor.

For R2 & R3 : Mr.P.Sureshkumar

ORDER

This Criminal Original Petitions has been filed to quash the impugned FIR in Crime No.182 of 2021 on the file of the 1st respondent.

2.The contention of the petitioners and the respondents 2 & 3 is that based on the complaint lodged by the second respondent, the first respondent registered First Information Report in Crime No.182 of 2021 for the offences punishable under Sections 294 (b), 323, 324, 498 (A) & 506 (ii) of Indian Penal Code, against the petitioners.

3.The further contention of the petitioners is that they want to compromise the issue between them and the respondents 2 & 3 amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the respondents 2 & 3 and also by their respective counsels.

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4.The petitioners and the respondents 2 & 3 appeared through video conference along with their counsels and also produced their Aadhar cards. They were also identified by the learned Additional Public Prosecutor and Mr.T.Sankar, Special Sub-Inspector of Police, Pudukkottai Police Station, Thoothukudi District. Both the parties to compromise were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded. 5.Considering the totality of the circumstances, the nature of the allegations levelled against the petitioners and also in view of the joint compromise memo, dated 08.07.2021, this Court is of the opinion that no useful purpose would be served by keeping the matter pending. Hence, all further proceedings in Crime No.182 of 2011 pending on the file of the Inspector of Police, Pudukkottai Police Station, Thoothukudi District, 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.182 of 2011 pending on the file of the Inspector of Police, Pudukkottai Police Station, Thoothukudi District, is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order.

Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) dss Encl.:Joint Compromise Memo.

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 The Inspector of Police, Pudukkottai Police Station, Thoothukudi District.

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

+2 CC to M/s.M.S.JEYAKARTHICK, Advocate ( SR-23807[F] dated 26/07/2021 ) 23.07.2021 RK (02.08.2021) 3P 5C 3/3