Madras High CourtCRL OP(MD)/13026/2020allowed

Peter v. The Inspector Of Police

2022-04-25Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P(MD)No.13026 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD)No.13026 of 2020 Peter

...Petitioner/Sole Accused

Vs.

1.The State Rep. by The Inspector of Police, All Women Police Station, Tiruchendur, Thoothukudi District.

(Crime No.5 of 2020) ...1st Respondent/Complainant 2.Selvalakshmi ...2nd Respondent/Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the entire records in relating to the entire proceedings of the FIR in Crime No.5 of 2020 on the file of the first respondent and quash the same insofar as the petitioner is concerned.

For Petitioner : Mr.Vidyasagar For R1 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side) For R2 : Mr.A.Alwin Asir Jebaraj

ORDER

The Criminal Original Petition has been filed to quash the FIR as against the petitioner in Crime No.5 of 2020 on the file of the first respondent.

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.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.13026 of 2020

4. Under such circumstances, no useful purpose will be served in keeping the FIR in Crime No.5 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 Crime No.5 of 2020.

5. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the FIR in Crime No.5 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. Sd/- Assistant Registrar(CO) /TRUE COPY/ 27/04/2022 Sub Assistant Registrar(CS) vsd ENCL: 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, All Women Police Station, Tiruchendur, Thoothukudi District.

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

Crl.O.P(MD)No.13026 of 2020 25.04.2022 MK/27.04.2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2