Somu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and CRL.M.P.(MD).No.7284 of 2023 Somu ... Petitioner Vs.

1.The State represented by the Inspector of Police, Kottar Police Station, Kanyakumari District.

(Crime No.69 of 2018) 2.Ayyappan ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for records in respect of Crime No.69 of 2018 on the file of the first respondent and quash the same. For Petitioner : Mr.D.Venkatesh For R-1 : Mr.B.Nambiselvan Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition has been filed seeking to quash the FIR in Crime No.69 of 2018 on the file of the first respondent. 2.The petitioner is the sole accused in Crime No.69 of 2018, for the offences punishable under Section 306 of IPC, which was registered by the respondent on the basis of the complaint lodged by the second respondent. Seeking quashment of the above said FIR this petition has been filed on the ground that the ingredients of Section 306 of IPC is not attracted in the present case.

3.The learned Additional Public Prosecutor would submit that the investigation has been completed in this case and final report was also filed before the concerned Court through e-filing No.11111 of 2022, but the same has not been taken on file so far.

4.The learned counsel for the petitioner would submit that now compromise has been reached between the parties. 2/4

5.Since final report has been filed in the above said crime number before the learned Judicial Magistrate No.II, Nagercoil, there shall be a direction to the learned Judicial Magistrate No.II, Nagercoil, to process the above said final report, within the time stipulated as per Rules. If the petitioner is aggrieved by the contents of the final report, he can workout his remedy through appropriate proceedings, even though it is submitted that the matter has been compromised between the parties. 6.With the above said directions, this criminal original petition stands dismissed. Consequently, connected miscellaneous petition is closed.

08.06.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Inspector of Police, Kottar Police Station, Kanyakumari District.

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

3/4

G.ILANGOVAN ,J.

TM 08.06.2023 4/4