Madras High CourtCRL OP(MD)/13697/2021allowed

Gowtham @ Gowthampandian v. The Inspector Of Police

2021-10-26Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.13697 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.13697 of 2021 Gowtham @ Gowthampandian ... Petitioner/Sole Accused Vs.

1.State represented by Inspector of Police, Thirupalaikudi Police Station, Ramanathapuram District. ... Respondent/Complainant In Crime No.256 of 2020 2.Vijayarani ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the impugned FIR in Crime No.256 of 2020 on the file of the 1st respondent police and quash the same.

For Petitioner : Mr.T.Venkatesan For R1 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.Side) For R2 : Mr.D.Balamurugapandi

ORDER

This petition has been filed seeking to quash the impugned FIR in Crime No.256 of 2020 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.256 of 2020 for the offences punishable under Sections 447 and 324 of IPC, against the petitioner. It is a case case in counter.

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.

4.The petitioner and the 2nd respondent appeared through video conference from the Office of the Additional Public Prosecutor (Crl.Side) before this Court along with their counsels and also https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.13697 of 2021 produced their Aadhar cards. They were also identified by the learned Additional Public Prosecutor (Crl.Side) 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 03.09.2021, 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.256 of 2020 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.256 of 2020, 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 (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) TM Enclosed herewith Copy of the Joint Compromise Memo 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, Thirupalaikudi Police Station, Ramanathapuram District. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.D. BALAMURUGAPANDI, Advocate ( SR-32900[F] dated 27/10/2021 ) Crl.O.P.(MD)No.13697 of 2021 26.10.2021 RD/PM (24.11.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2