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Madras High CourtCRL OP(MD)/13763/2021allowed

Krishna Kumar v. The Inspector Of Police

2021-10-05Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No13763 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.13763 of 2021 Krishna Kumar ... Petitioner/ Sole Accused Vs.

1.The State, By the Inspector of Police, Palani Town Police Station, Dindigul District.

... Respondent/ Complainant 2.Chandra ... 2nd Respondent/ Defacto Complainant 3.Palanisamy ... 3rd Respondent/ Injured PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to FIR in Crime No.393 of 2021, on the file of the first respondent and quash the same. For Petitioner : Mr.D.Venkatesh For R-1 : Mr.K.Sanjai Gandhi Government Advocate For R-2 and R-3 : Mr.M.Karthik Kumar

O R D E R

This petition has been filed seeking to quash the impugned FIR in Crime No.393 of 2021 on the file of the 1st respondent police. 2.The contention of the petitioner is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.393 of 2021 for the offences punishable under Sections 294(b) and 323 of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, against the petitioner.

3.The further contention of the petitioner is that he compromised the issue with the 2nd respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioner and the 2nd respondent and also by their respective counsels.

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Crl.O.P.(MD)No13763 of 2021 4.The petitioner and the 2nd respondent appeared through video conference from the Office of the Additional Public Prosecutor 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.

5.Considering the totality of the circumstances, the nature of the allegations levelled against the petitioner and also in view of the joint compromise memo, dated 29.08.2021, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in Crime No.393 of 2021 pending on the file of the 1st respondent police is quashed and the compromise memo is recorded.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.393 of 2021, pending on the file of the 1st respondent police is hereby quashed and the terms of joint compromise memo shall form part of this order. Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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.

Enclosed a copy of the joint Compromise memo To 1.The Inspector of Police, Palani Town Police Station, Dindigul District.

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

Crl.O.P.(MD)No.13763 of 2021 05.10.2021 RD(28.10.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2