Angappan v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.12.2020
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU 1)Angappan 2)Mariappan @ Mari 3)Minor Sakthi @ Sakthi Vel Rep by his Natural Guardian and Father Mr.Mariappan @ Mari ... Petitioners/Accused 1 to 3 vs.
1)The Deputy Superintendent of Police, Tirunelveli Division, Tirunelveli District.
2)The Inspector of Police, Menneerpallam Police Station, Tirunelveli District.
(Crime No.527 of 2020) 3)Minor Aayularulkanni Rep by Natural Guardian and Father Mr.Mariappan ... Respondents/Complainant & Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to quash the FIR in Crime No.527 of 2020 under Sections 147, 294(b), 323 and 506(2) of IPC and Section 3(1)(r), 3(1)(s) and 3(2) (va) of SC/ST (Prevention of Atrocities) Amendment Act, 2015 registered on the file of the 2nd respondent police, on the basis of the 'Joint Compromise Memo' filed by the petitioners and the 3rd respondent herein.
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.527 of 2020 under Sections 147, 294(b), 323 and 506(2) of IPC and Section 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Amendment Act, 2015 registered on the file of the 2nd respondent police, on the basis of the 'Joint Compromise Memo' filed by the petitioners and the 3rd respondent herein.
2.The 3rd 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 1/3
have filed a joint compromise memo stating that the matter has been amicably resolved between themselves and the 3rd respondent / defacto complainant is not willing to prosecute the complaint and therefore, the petitioners would pray for quashing the FIR in Crime No.527/2020 on the file of 2nd 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.
4.In the result, by recording the compromise, the Criminal Original Petition is allowed and the FIR in Crime No.527/2020 on the file of 2nd respondent police, is quashed. The joint compromise memo shall form part and parcel of this order.
Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) bala Encl: Xerox copy of the Joint Memo of Compromise. 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 Deputy Superintendent of Police, Tirunelveli Division, Tirunelveli District.
2)The Inspector of Police, Menneerpallam Police Station, Tirunelveli District.
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3)The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.P.M.VISHNU VARTHAN, Advocate ( SR-25640[F] dated 15/12/2020 ) ORDER MADE IN DATED : 14.12.2020 KUN(CO) NR (21/12/2020) 3P : 5C 3/3