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Madras High CourtCRL OP(MD)/10622/2020allowed

Vellaipandi v. The Inspector Of Police

2022-04-25Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN 1.Vellaipandi 2.Vellaiyammal 3.Jothilakshmi 4.Arumugam 5.Usha 6.Sivanathan 7.Arumugam 8.Balamurugan 9.Raman 10.Rajesh @ Suryarajesh 11.Vinothkumar 12.Manikandan 13.Ramalingam 14.Paneerselvam 15.Sivabalan

...Petitioners/Accused Nos.1 to 15

Vs.

1.State Rep. by The Inspector of Police, Karuppayoorani Police Station, Madurai District.

(In Cr.No.312 of 2020) ...1st Respondent/Complainant 2.Elangovan ... 2nd Respondent/Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records relating to FIR in Cr.No.312 of 2020, dated 16.05.2020 on the file of the Inspector of Police, Karuppayoorani Police Station, Madurai District and quash the same as against the petitioner.

For Petitioners : Mr.D.Rameshkumar For R1 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side) For R2 : Mr.K.Anbarasan

ORDER

The Criminal Original Petition has been filed to quash the FIR as against the petitioners in Cr.No.312 of 2020 on the file of the first respondent police.

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2. The case is under 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 petitioners and the second respondent and also by their respective counsel.

4. Under such circumstances, no useful purpose will be served in keeping the FIR in Cr.No.312 of 2020 pending on the file of the first respondent, 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 FIR in Cr.No.312 of 2020.

5. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the FIR in Cr.No.312 of 2020 pending on the file of the first respondent is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. The petitioners shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) as costs, to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172) on or before 03.05.2022 and produce the receipt before the respondent police, failing which the order shall stand dismissed automatically without any further reference to this Court.

Sd/- Assistant Registrar (C.O) // True Copy // 27/04/2022 Sub Assistant Registrar(CS) vsd 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.

ENCL : Compromise Memo 2/3

To

1. The Inspector of Police, Karuppayoorani Police Station, Madurai District.

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

3. The Joint Secretary to Government, CMPRF (Finance Department), Secretariat Branch, Chennai-9.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

25.04.2022 USK/27.04.2022/3P/5C 3/3