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Madras High CourtCRL OP(MD)/14224/2021allowed

Subash Kannan v. The Inspector Of Police

2022-02-15Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.14224 of 2021 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 15.02.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.14224 of 2021 Subash Kannan ... Petitioner/Accused No.1 Vs.

1.State represented by, The Inspector of Police, Perumalpuram Police Station, Tirunelveli City, (Crime No.32 of 2021).

... 1st Respondent/Complainant 2.Ashik Raguman ... 2nd Respondent/ Defacto Complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in FIR in Crime No.32 of 2021 on the file of the first respondent and quash the same against the petitioner alone.

For Petitioner : Mr.P.Kumar For R - 1 : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side) For R - 2 : Mr.T.Selvan

ORDER

The Criminal Original Petition has been filed to quash the proceedings as against the petitioner/Accused No.1 in Crime No.32 of 2021 on the file of the first respondent for the alleged offences under Sections 147, 148, 294(b), 448, 323, 324, 307 and 506(ii) of I.P.C.

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 petitioner 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 Crime No.32 of 2021 pending on the file of the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.14224 of 2021 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 Crime No.32 of 2021.

5. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.32 of 2021 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 petitioner shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) as costs, to the High Court Legal Services Authority, Madurai Bench of Madras High Court, Madurai, on or before 17.02.2022. Sd/- Assistant Registrar(CS-I) // True Copy // 16/02/2022 Sub Assistant Registrar(CS) ENCL.: XEROX COPY OF JOINT COMPROMISE MEMO.

ps 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, Perumalpuram Police Station, Tirunelveli City. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

COPY TO The Officer Incharge, High Court, Legal Services Authority, Madurai Bench of Madras High Court, Madurai.

Order made in Crl.O.P(MD)No.14224 of 2021 15.02.2022 na(CO) TR(16.02.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2