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Madras High CourtCRL OP(MD)/14747/2021allowed

Gopinath v. The Inspector Of Police

2021-11-02Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G. ILANGOVAN Crl.O.P(MD)Nos.14747 & 14956 of 2021 and Crl.MP(MD) Nos.7829,7994 of 2021 1.Gopinath 2.Raveendran 3.Aathilakshmi ... Petitioners/Accused No.1 to 3 Vs

1. State through The Inspector of Police, SIPCOT Police Station, In Crime No.501/2020, Tuticorin District.

... 1st Respondent/Complainant 2.Venkatraman ... Respondent No.2/Defacto Complainant Crl.O.P(MD)No.14956 of 2021:

1.Venkatraman 2.Rajalakshmi @ Ramalakshmi 3.V.Kanagaraj 4.N.Rajendran 5.Gunasekan @ Gunasekaran 6.Sureshkumar ... Petitioners/Accused Nos.1 to 6 Vs

1. State through The Inspector of Police, SIPCOT Police Station, In Crime No.502/2020, Tuticorin District.

...

1st Respondent/Complainant 2.Gopinath ... Respondent No.2/Defacto Complainant PRAYER in Crl.O.P(MD)No.14747 of 2021: Petition filed under Section 482 of Code of Criminal Procedure, to call for records relating to Crime No. 501 of 2020, dated 02.08.2020, on the file of the first respondent police, and quash the same.

PRAYER in Crl.O.P(MD)No.14956 of 2021: Petition filed under Section 482 of Code of Criminal Procedure, to call for records relating to Crime No. 502 of 2020, dated 02.08.2020, on the file of the first respondent police, and quash the same.

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For Petitioners : Mr.M.Chandrasekaran For R2 : Mr.R.Anand Raj In Crl.O.P(MD) No.14747 of 2021 For Petitioners : Mr.R.Anandharaj For R2 : Mr.M.Chandrasekaran In Crl.O.P(MD) No.14956 of 2021 For R1 : Mr.K.Sanjai Gandhi Government Advocate (in both Crl.OPs) C O M M O N O R D E R Heard both sides.

2.These Criminal Original Petitions have been filed to quash the First Information Report in Crime Nos. 501 & 502 of 2020, on the file of the respondent police, for the offences punishable under Sections 174 (3) of Cr.P.C @ 306 IPC and 147, 341, 294(b), 307 & 506(2) IPC respectively.

3.Even though the case in Crime No.501 of 2020 has been registered for the offence under Section 306 IPC, on going through the allegation that has been made in the complaint, it is seen that this is the issue between the husband and wife due to non availability of child. On the death of the daughter of the complainant, a counter case was also registered against the defacto complainant and other parties in Crime No.502 of 2020, for the offences punishable under Sections 147, 341, 294(b), 307 & 506(2) IPC, wherein, these petitioners have been shown as witnesses. 4.The second respondent / defacto complainant as well as the petitioners/accused in both Criminal Original Petitions are present before this Court and they are identified by the respective learned counsel and both the parties have filed joint compromise memos stating that the matters in issue between them has been amicably resolved and therefore, the second respondent / defacto complainant is not willing to prosecute the case and therefore would pray for quashing the FIRs.

5. The compromise memos are filed before this Court and the parties are also present at the learned Additional Public Prosecutor office and their identity has also been verified through video conference. Since the matters in issue has been compromised between the parties and the victim has also suffered simple injury and no purpose will be served in keeping the First Information Report pending.

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6. In the result, by recording the compromise, these Criminal Original Petitions are allowed and the proceedings in Crime Nos. 501 & 502 of 2020, on the file of the respondent police are quashed. The joint compromise memos shall form part and parcel of this order.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn 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 : Copy of Joint Compromise Memo To:-

1. The Inspector of Police, SIPCOT Police Station, Tuticorin District.

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

Common order made in Crl.O.P(MD)Nos.14747 & 14956 of 2021 and Crl.MP(MD) Nos.7829,7994 of 2021 02.11.2021 USK (21.12.2021) 3P 3C 3/3