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Madras High CourtCRL OP(MD)/10301/2021allowed

Natarajan v. The Inspector Of Police

2022-03-08Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.10301 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.10301 of 2021 in Crl.M.P.(MD)No.5277 of 2021 Natarajan

...Petitioner/Sole Accused

Vs.

1. State represented by The Inspector of Police, Thoothukudi North Police Station, Thoothukudi.

(Crime No.311 of 2021).

... 1st Respondent / Complainant

2. Raja Murugan ... 2nd Respondents / Defacto complainant Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C.to call for the records pertaining to the FIR in Crime No.311 of 2021 on the file of the 1st respondent police and quash the same. For Petitioner : Mr.R.Jegadeeswaran For Respondent No.1: Mr.R.M.Anbunithi Additional Public Prosecutor For Respondent No.2: Mr.B.Rajesh Saravanan

ORDER

This Criminal Original Petition has been filed to quash the First Information Report in Crime No. 311 of 2021 on the file of the 1st Respondent.

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 have been signed by the petitioner and the second respondent and also by their respective counsel.

4.Under such circumstances, no useful purpose will be served in keeping the First Information Report pending before the respondent police. Even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.10301 of 2021 Crime No.311 of 2021 pending on the file of the first respondent police.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.311 of 2021, on the file of the first respondent police, is quashed insofar as the petitioner alone and the terms of joint compromise memo shall form part and parcel of this order. The petitioner shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) as costs, to the District Siddha Medical Officer, CCRI, Periyakulam in State Bank of India, Periyakulam Branch bearing Account No.10767823177, IFSC No.SBIN000898, MICR Code No.625002601, No.625002601, on or before 15.03.2022 and the receipt of payment shall be produced before the first respondent police, failing which the order shall stand dismissed automatically without any further reference to this Court. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(AS) // True Copy // / /2022 Sub Assistant Registrar(CS) PNM Encl.: xerox copy of 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:

1. The Inspector of Police, Thoothukudi North Police Station, Thoothukudi.

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

Copy to The District Siddha Medical Officer, CCRI, Periyakulam, Theni District.

+1 CC to M/s.R.JEGADEESWARAN, Advocate ( SR-10813[F] dated 09/03/2022 ) ORDER IN Crl.O.P.(MD)No.10301 of 2021 in Crl.M.P.(MD)No.5277 of 2021 08.03.2022 TR(11.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2