P.Periyasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2020

CORAM:

THE HONOURABLE MRS. JUSTICE J.NISHA BANU 1.P.Periasamy 2.P.Balakumar 3.P.Ramkumar 4.P.Nagammal 5.N.Kaleeswari 6.N.Sankar @ Sankarasubbu 7.N.Sathish : Petitioners/Accused 1 to 7 Vs.

1.State represented by The Inspector of Police, Ottapidaram Police Station, Tuticorin District.

(Crime No.335 of 2020) : Complainant/Respondent 2.N.Saravanaraj 3.P.Sathishkumar : Defacto Complainant/ Respondents PRAYER: Petition filed under Section 482 of Code of Criminal Procedure, to quash in Crime No.335 of 2020 on the file of the first respondent police.

For Petitioners : Mr.K.A.Ramakrishnan For Respondents : Mr.M.V.Chandrasekaran, Government Advocate, for R1.

: Mrs.A.Banumathi, for R2 & R3.

O R D E R

Heard both sides.

2.This Criminal Original Petition has been filed to quash the First Information Report in Crime No.335 of 2020, on the file of the first respondent police.

3.The respondents 2 and 3/ defacto complainant, as well as the petitioners/accused are present before this Court through video 1/3

conference and they are identified by the respective learned counsel and both the parties have filed joint compromise memo stating that the matters in issue between them has been amicably resolved and therefore, the respondents 2 and 3 / defacto complainants are not willing to prosecute the case and therefore would pray for quashing the FIR.

4. The compromise memo is filed before this Court and the parties are also present personally along with their respective counsels and the learned Government Advocate (Crl.side) would state that he has verified their identity and has no objection for quashing the FIR in Crime No.335 of 2020.

5.The relevant portion from the Joint Compromise Memo filed by the parties is extracted as under:

'' 4.Whereas the 2nd Respondent/Defacto complainant and 3rd Respondent/Injured resolved not to proceed with the criminal case in the trial any further either against the Petitioners.

5.Whereas in the light of the above compromise, the parties hereto shall not interfere with their personal life of each other with any issues or claims hereafter at any point if time between them. Therefore, the 2nd Respondent/ Defacto Complainant and 3rd Respondent/Injured agreed to Quash the proceedings in Crime No..335/2020 on the file of the 1st Respondent Police, before this Hon'ble Court."

6. In the result, by recording the compromise, this Criminal Original Petition is allowed and the proceedings in Crime No.335 of 2020, on the file of the first respondent police is quashed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) das 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.

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To:- 1.The Inspector of Police, Ottapidaram Police Station, Tuticorin District.

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

02.12.2020 VB (10.12.2020) 3P 3C 3/3