Madras High CourtCRL OP(MD)/13420/2020allowed

J.Doss Kennedy v. The Inspector Of Police

2020-11-26Honourable Mrs Justice J. Nisha Banu2 pages

C rl.O.P.(MD)No.13420 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.11.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.13420 of 2020 1)J.Doss Kennedy 2)K.Savari Rayan ... Petitioners vs.

1)The State through The Inspector of Police, K.Pudur Police Station, Madurai City.

(Crime No.2266 of 2020) 2)K.Vincent Sahayaraj ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C, to call for the records relating to the FIR in Crime No.2266 of 2020 dated 14.10.20 on the file of 1st Respondent Police and quash the same.

For Petitioners : Mr.G.Prabhu Rajadurai For R1 : Mr.V.Neelakandan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to call for the records relating to the FIR in Crime No.2266 of 2020 dated 14.10.20 on the file of 1st Respondent Police and quash the same. 2.The second respondent / defacto complainant as well as the petitioners/accused are present before this Court and they are identified by the respective learned counsel and both the parties have filed a joint compromise memo stating that the matter in issue between them has been amicably resolved and therefore, the second respondent / defacto complainant is not willing to prosecute the case and therefore would pray for quashing the FIR in Crime No.2266 of 2020 pending on the file of the 1st respondent Police. 3.The joint compromise memo reads as follows:- ''The Petitioners state that the 2nd Respondent and the Petitioners belong to same Church. Now they have arrived compromise among themselves and amicably settled the issue out of Court with the help of elders of Church members. Accordingly we both entered into a written compromise dated 05/11/20.

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C rl.O.P.(MD)No.13420 of 2020 Further there is no serious motive behind them. Since the matter has been settled amicably the 2nd Respondent has no objection for quashing the FIR dated 14/10/20 in Crime No.2266 of 2020 registered the offences under Section 147, 294(b), 427, 448, 506(i) of IPC on the file of the 1st Respondent police and thus render justice.''

4.The compromise memo is filed before this Court and the parties along with their respective counsel are also present personally through video conference and the learned Additional Public Prosecutor would state that he has verified their identity. 5.In the result, by recording the compromise, the Criminal Original Petition is allowed and the impugned FIR in Crime No.2266 of 2020 on the file of the 1st respondent, is quashed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) bala 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.

Encl : Xerox copy of Joint Compromise Memo To 1)The Inspector of Police, K.Pudur Police Station, Madurai City.

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

ORDER MADE IN Crl.O.P.(MD)No.13420 of 2020 DATED : 26.11.2020 VB (03.12.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2