Abhi @ Abinesh v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2023
CORAM
THE HON'BLE MR.JUSTICE G.ILANGOVAN
1. Abhi @ Abinesh
2. Praveen @ Praveen Kishore ... Petitioners/Accused No 1 to 2 Vs.
1. The State represented by The Inspector of Police Musiri Police station, Trichy District.
(Crime No 743 of 2015) ... 1st Respondent /Complainant
2. Sangili ... 2nd Respondent /Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the impugned FIR in Crime No.743 of 2015 dated 22.12.2015 on the file of the 1st Respondent Police and quash the same as illegal. 1/5
For Petitioner :Mr. Joel Paul Antony A For R1 : Mr.B.Nambiselvan Additional Public Prosecutor For R2 : Mr. S. Shanmugam
ORDER
This petition has been filed seeking to quash the impugned FIR in Crime No.743 of 2015 on the file of the 1st respondent police. 2.The contention of the petitioners is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.743 of 2015 for the offences punishable under Sections 294(b), 324, 506(ii) of IPC, against the petitioners. 3.The further contention of the petitioners is that they compromised the issue with the 2nd respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the 2nd respondent and also by their respective counsels. 2/5
4.The Additional Public Prosecutor would submit that the first accused is having four previous cases out of which one previous case is pending and accused Nos.2 and 3 are having one previous case each.
5. The petitioners and the 2nd respondent appeared before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Government Advocate (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.
6. Considering the totality of the circumstances, the nature of the allegations levelled against the petitioners and also in view of the joint compromise memo, dated 26.06.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending and inclined to quash all further proceedings in Crime No.743 of 2015 pending on the file of the 1st respondent police in respect of this petitioners. 3/5
7. In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.743 of 2015, pending on the file of the 1st respondent police is hereby quashed in respect of the petitioners. The compromise memo is recorded and the terms of joint compromise memo shall form part of this order. 27.06.2023 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No pnn To 1.The Inspector of Police, Musiri Police station, Trichy District. (Crime No 743 of 2015) 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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G.ILANGOVAN,J pnn Order made in Dated: 27.06.2023 5/5