Madras High CourtCRL OP(MD)/11533/2021allowed

Ashokkumar v. The Inspector Of Police

2021-09-07Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P(MD)No.11533 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :07.09.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P(MD)No.11533 of 2021 andCrl.M.P(MD).No.5873 of 2021 Ashokkumar ... Petitioner Vs.

1.The State Rep.by, The Inspector of Police, Thiruvaiyaru Police Station, Thiruvaiyaru, Thanjavur District.

2.Senthil Kumar ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records of FIR in Crime No.254 of 2019 pending on the file of the first respondent and quash the same as illegal in so far as the petitioner is concerned. For Petitioner : Mr.A.Balaji For Respondents : Mr.K.Sanjai Gandhi for R1 Government Advocate(Crl.Side) Mr.S.V.Rakesh Yadav for R2

ORDER

Heard both sides.

2.This Criminal Original Petition has been filed to quash the First Information Report in Crime No.254 of 2019, on the file of the first respondent police, for the offences punishable under Sections 147, 294(b), 323 and 506(i) of IPC. 3.The second respondent / defacto complainant 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 matter 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 FIR.

4. The compromise memo is filed before this Court and the parties are also present at the learned Government Advocate office and their identity has also been verified through video conference. The matter in issue has been compromised between the parties. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.11533 of 2021 5.In the result, by recording the compromise, this Criminal Original Petition is allowed and the proceedings in Crime No.254 of 2019, on the file of the first respondent police are quashed. The joint compromise memo shall form part and parcel of this order. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) tta Note:(i) 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:

Enclose Joint Compromise Memo.

The Inspector of Police, Thiruvaiyaru Police Station, Thiruvaiyaru, Thanjavur District.

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

+1 CC to M/s.A.BALAJI, Advocate ( SR-28775[F] dated 09/09/2021 ) Crl.O.P(MD)No.11533 of 2021 07.09.2021 RK (27.09.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2