R.Narayanadoss v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2020

CORAM:

THE HONOURABLE MRS. JUSTICE J.NISHA BANU R.Narayanadoss : Petitioner/Sole Accused Vs

1. The State through, The Inspector of Police, Veerapandi Police Station, Theni District.

Cr.No.1160/2020.

: Respondent No.1/Complainant 2.Murugesan : Respondent No.2/Defacto Complainant 3.A.Malliga 4.S.Sumathi : Respondent Nos.3 & 4/Victims PRAYER: Petition filed under Section 482 of Code of Criminal Procedure, to call for the records in Crime No.1160 of 2020, on the file of the 1st respondent police and quash the same. For Petitioner : Mr.R.J.Karthick For R1 : Mr.V.Neelakandan Additional Public Prosecutor(Crl.Side)

O R D E R

Heard both sides.

2.This Criminal Original Petition has been filed to quash the First Information Report in Crime No.1160 of 2020, on the file of the 1st respondent police.

3.The second respondent / defacto complainant, the 3rd & 4th respondents/Victims as well as the petitioner/accused are present before this Court and they are identified by the respective learned counsel and both the parties have filed joint compromise memo stating that the matters in issue between them has been amicably 1/3

resolved and therefore, the second respondent / defacto complainant is not willing to prosecute the case and therefore would pray for quashing the FIR.

4. The compromise memo is filed before this Court and the parties are also present personally along with their respective counsels and the learned Additional Public Prosecutor (Crl.side) would state that he has verified their identity. The relevant portion from the Joint Compromise Memo filed by the parties is extracted as under:

''2.Both the parties submits that due to the negligence of the deceased namely Mr.Arivazhagan, the fateful accident had happened on 27.07.2020. Both the parties submits that now the entire dispute between the petitioner and the respondent Nos.2,3 &4 herein have settled amicably out of the Court, in the presence of the elder members of their village. The 2nd respondent states that the petitioner has been mistakenly arrayed as accused and he has not committed any offence as alleged in the FIR. The 3rd respondent had also received a sum of Rs.5,00,000/- as compensation drawn in Central Bank of India, Srirangapuram Branch bearing D.D.No.148130 dated 06.08.2020. The respondents 2,3 & 4 affirms that since a compensation of Rs.

5,00,000/- has been received, they will not file any Motor Accident Claim petitions as against the petitioner or the owner of the vehicle bearing Registration No.TN 60 K1721. 3.The Respondents No.2,3 & 4 herein agrees to withdraw the complaint pending in Crime No.1160 of 2020 on the file of the 1st respondent police and expresses their no objection to quash the FIR as against the petitioner herein.''

5. In the result, by recording the compromise, this Criminal Original Petition is allowed and the proceedings in Crime No.1160 of 2020, on the file of the respondent police is quashed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) vrn 2/3

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.

Enclose: Xerox Copy of Joint Compromise Memo. To:-

1. The Inspector of Police, Veerapandi Police Station, Theni District.

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

19.11.2020 SGS(CO) CS(01.12.2020) 3P 3C 3/3