Kannan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE G. ILANGOVAN Crl.O.P(MD)Nos.11291 & 11511 of 2021 and Crl.MP(MD) Nos.5760 & 5861 of 2021 Crl.O.P(MD)No.11291 of 2021:

Kannan Petitioner/Sole Accused Vs 1.The Inspector of Police, Thiruppachethi Police Station, Sivagangai District.

(Crime No.134 of 2021) Respondent /Complainant 2.Sivamani Respondent No.2/ Defacto Complainant Crl.O.P(MD)No.11511 of 2021:

Sivamani Petitioner/Sole Accused Vs 1.The Inspector of Police, Thiruppachethi Police Station, Sivagangai District.

(Crime No.133 of 2021) Respondent /Complainant 2.Mrs.Armugam Respondent No.2/Defacto Complainant PRAYER in Crl.O.P(MD)No.11291 of 2021: Petition filed under Section 482 of Code of Criminal Procedure, to call for records relating to the FIR in Crime No. 134 of 2021, on the file of the Thiruppachethi Police Station, Sivagangai and quash the same. PRAYER in Crl.O.P(MD)No.11511 of 2021: Petition filed under Section 482 of Code of Criminal Procedure, to call for records relating to charge sheet in Crime No. 133 of 2021, on the file of the Thiruppachethi Police Station, Sivagangai and quash the same. For Petitioner : Mr.V.Kannan (In Crl.O.P(MD)No.11291 of 2021) For Petitioner : Mr.S.Anandha Rajagopal (In Crl.O.P(MD)No.11511 of 2021) For R1 : Mr.R.M.Anbunithi, Additional Public Prosecutor (in both Crl.OPs) 1/3

C O M M O N O R D E R Heard both sides.

2.These Criminal Original Petitions have been filed to quash the First Information Reports in Crime Nos. 134 &133 of 2021, on the file of the respondent police.for the offences punishable under Sections 294(b), 324 and 506 (ii) IPC and 294(b), 307 and 506 (ii) IPC respectively.

3.The second respondent / defacto complainant as well as the petitioners/accused in both Criminal Original Petitions are present before this Court and they are identified by the respective learned counsel and both the parties have filed joint compromise memos stating that the matters in issue between them has been amicably resolved and therefore, the second respondent / defacto complainant is not willing to prosecute the case and therefore would pray for quashing the FIRs.

4. The compromise memos are filed before this Court and the parties are also present at the learned Additional Public Prosecutor office and their identity has also been verified through video conference. Since the matters in issue has been compromised between the parties and the victim has also suffered simple injury and no purpose will be served in keeping the First Information Report pending.

5. In the result, by recording the compromise, these Criminal Original Petitions are allowed and the proceedings in Crime Nos. 134 & 133 of 2021, on the file of the respondent police are quashed. The joint compromise memos shall form part and parcel of this order. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn 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.

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To:- 1.The Inspector of Police, Thiruppachethi Police Station, Sivagangai District.

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

Crl.O.P(MD)Nos.11291 & 11511 of 2021 and Crl.MP(MD) Nos.5760 & 5861 of 2021 22.10.2021 VR(CO) KB(11.11.2021) 3P 3C 3/3