Madras High CourtCRL OP(MD)/13638/2020allowed

Antony Benito v. The Inspector Of Police

2020-12-14Honourable Mrs Justice J. Nisha Banu2 pages

C rl.O.P.(MD)No.13638 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.13638 of 2020 1)Antony Benito 2)David @ David Antony Raj ... Petitioners vs.

1)The State of Tamilnadu rep. through its Inspector of Police, Kanyakumari Police Station, Kanyakumari District.

(Crime No.701 of 2020) 2)Murugan ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to quash the FIR in Crime No.701 of 2020 filed under Section 287 & 304(A) of IPC dated 28.07.2020, now pending before the 1st respondent police, on the basis of 'Joint Compromise Memo'. For Petitioners : Mr.P.M.Vishnuvarthanan For R1 : Mr.V.Neelakandan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to quash the FIR in Crime No.701 of 2020 filed under Section 287 & 304(A) of IPC dated 28.07.2020, now pending before the 1st respondent police, on the basis of 'Joint Compromise Memo'.

2.The 2nd 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 has been amicably resolved between themselves and the 2nd respondent / defacto complainant is not willing to prosecute the complaint and therefore, the petitioners would pray for quashing the FIR in Crime No.701/2020 on the file of 1st respondent police.

3.The compromise memo is filed before this Court and the parties along with their respective counsel are also personally present before this Court and the defacto complainant has represented before this Court that the matter has been settled amicably between the parties. The learned Additional Public Prosecutor who was present in the Court had also verified their identity and would state that he has no objection for the above compromise.

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C rl.O.P.(MD)No.13638 of 2020 4.In the result, by recording the compromise, the Criminal Original Petition is allowed and the FIR in Crime No.701/2020 on the file of 1st respondent police, is quashed. The joint compromise memo shall form part and parcel of this order.

Sd/- Assistant Registrar (AS) // True Copy // / /2020 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.

ENCL: Xerox copy of Joint Compromise Memo To 1)The Inspector of Police, Kanyakumari Police Station, Kanyakumari District.

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

+1 CC to Mr.P.M.VISHNU VARTHAN, Advocate ( SR-25641[F] dated 15/12/2020 ) ORDER MADE IN Crl.O.P.(MD)No.13638 of 2020 DATED : 14.12.2020 VB (22.12.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2