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Madras High CourtCRL OP(MD)/10778/2023allowed

Alagar v. The Deputy Superintendent Of Police

2023-06-21Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.06.2023 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN and Crl.M.P(MD).No.8596 of 2023 1.Alagar 2.Ramesh ... Petitioners Vs.

1. Deputy Superintendent of Police, Dindigul Rural Sub Division, Dindigul District.

2. The Inspector of Police, Natham Police Station, Dindigul District.

3. Radhika ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the Criminal Proceedings in Crime No.216/2023 on the file of the Natham Police Station, Dindigu District and quash the same.

For Petitioners : M/s. Arjun.S.

For R1 & R2 : M/s.B.Nambiselvam Additional Public Prosecutor For R3 : Mr.B.Vinoth Kumar 1/5

ORDER

This petition has been filed seeking to quash the impugned FIR in Crime No.216 of 2023 on the file of the 2nd respondent police.

2. The contention of the petitioners is that based on the complaint lodged by the 3rd respondent, the 2nd respondent registered the First Information Report in Crime No.216 of 2023 for the offences punishable under Sections 147, 294(b), 323, 506(i) of IPC r/w 3(1)(r), 3(1)(s), 3(1)(z) and 3(2) (va) of SC/ST Act, against the petitioners.

3. The further contention of the petitioners is that they compromised the issue with the 3rd respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the 3rd respondent and also by their respective counsels.

4.The petitioners and the 3rd respondent appeared before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Additional Public Prosecutor and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded. 2/5

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, dated 13.06.2023, 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.216 of 2023 pending on the file of the 2nd respondent police in respect of this petitioners. 6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.216 of 2023, pending on the file of the 2nd 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. Consequently, the connected miscellaneous petition is closed.

21.06.2023 Index : Yes/No Internet:Yes/No tta 3/5

To

1. Deputy Superintendent of Police, Dindigul Rural Sub Division, Dindigul District.

2. The Inspector of Police, Natham Police Station, Dindigul District.

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

4/5

G.ILANGOVAN, J., tta 21.06.2023 5/5