Marimuthu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.03.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD)No.12818 of 2021 and Crl.M.P(MD)No.6591 of 2021 1.Marimuthu 2.Sarathkumar 3.Ramesh 4.David Selvaraj 5.Jeyakodi 6.Maheswari ... Petitioners/ Accused Nos.1 to 6 Vs.

1.The State represented by The Inspector of Police, Thiruchuli Police Station, Virudhunagar District.

(Crime No.198 of 2018) ... 1st Respondent/ Complainant

2. Senthilmurugan ... 2nd Respondent/ Defacto Complainant 3.Packiyam 4.Kamaraj ... Respondents 3 & 4/ Injured Persons Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records in Crime No.198 of 2018 pending investigation on the file of the first respondent police and quash the same.

For Petitioners : Mr.B.Senthilkumar For Respondents : Mr.B.Thanga Aravindh Government Advocate(Crl.Side) for R.1 Mr.S.P.Edinbrough for R.2 to R.4

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No.198 of 2018 on the file of the respondent police. 2.The case of the prosecution is that on 01.10.2018 the petitioners were went to the second respondent's house and attacked the second respondent with iron rod and caused injuries to him. At that time of occurrence, the respondents 3 and 4 also present and try to secure the second respondent and the petitioners were attacked the respondents 3 and 4 also. Hence they also sustained 1/9

injuries. The injured persons were admitted in the Aruppukkottai Government Hospital and gave a complaint to the first respondent police and the same was registered in Crime No.198 of 2018 for the alleged offences under Sections 147, 148, 294(b), 323, 324, 506(ii) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, 2002.

3. The learned counsel for both the parties submitted that this Court on 03.09.2021 had referred the matter before the Mediation and Conciliation Centre attached to this Bench and before mediation all the parties have entered into compromise and settled the issue amicable. The mediation agreement is as follows:- 2/9

3/9

4/9

5/9

6/9

7/9

8/9

4. A Mediation report has been filed before this Court which have been signed by both the parties and also by their respective counsel.

5. Under such circumstances, no useful purpose will be served in keeping the First Information Report pending before the respondent police. Even though, the offences involved are not compoundable in nature.

6. Based on the mediation report, this Criminal Original Petition is allowed and as a sequel, the proceeding in Crime No.198 of 2018, on the file of the first respondent police, is quashed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) 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, Thiruchuli Police Station, Virudhunagar District.

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

+1 CC to M/s.P.EDIN BROUGH, Advocate ( SR-9313[F] dated 01/03/2022 ) +1 CC to M/s.B.SENTHILKUMAR, Advocate ( SR-9556[F] dated 02/03/2022 ) Crl.O.P(MD)No.12818 of 2021 and Crl.M.P(MD)No.6591 of 2021 Date:01.03.2022 SA(12.04.2022) 9P 5C 9/9