Barath v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.06.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN 1.Barath 2.Bas @ Chinnakarauppan 3.Booma 4.Udhaya @ Udhayakumari ... Petitioners/Accused Nos.1 to 4 Vs.

1.State rep. by The Inspector of Police, Othakkadai Police Station, Madurai District.

Cr.No.37 of 2023 ... 1st Respondent/Complainant 2.Thennarasu ... 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records pertaining to the impugned in FIR in Crime No.37 of 2023 on the file of the 1st respondent police and quash the same.

For Petitioner : Mr.P.Balan 1/5

For Respondents : Mr.S.Manikandan for R1 Government Advocate (Crl. Side) Mr.P.Kalimuthu for R2

ORDER

This petition has been filed seeking to quash the impugned FIR in Crime No.37 of 2023 on the file of the 1st respondent police. 2.The contention of the petitioners is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.37 of 2023 for the offences punishable under Sections 294(b), 323 and 506(ii) of IPC. 3.The further contention of the petitioners is that they compromised the issue with the 2nd respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the 2nd respondent and also by their respective counsels. 4.The petitioners and the 2nd respondent appeared before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Government Advocate (Crl. side) and 2/5

the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded.

5.Considering the totality of the circumstances, the nature of the allegations levelled against the petitioners and also in view of the joint compromise memo, this Court is of the opinion that no useful purpose will be served by keeping the matter pending and inclined to quash all further proceedings in Crime No.37 of 2023 pending on the file of the 1st respondent police in respect of these petitioners. 6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.37 of 2023, pending on the file of the 1st respondent police is hereby quashed in respect of the petitioners. The compromise memo is recorded and the terms of joint compromise memo shall form part of this order.

30.06.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM 3/5

To 1.The Inspector of Police, Othakkadai Police Station, Madurai District.

Cr.No.37 of 2023 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

TM 30.06.2023 5/5