Pothirajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.06.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD).No.11703 of 2023 1.Pothirajan 2.Shanmugabalan 3.Ammasi @ Ammasai 4.Parisuthan @ Parisutham 5.Hariram 6.Sarankumar 7.Suresh 8.Senthilmurugan ... Petitioners Vs.

1. State Rep. by The Inspector of Police, Balamedu Police Station, Madurai District (In Crime.No.282/2017) ...1st Respondent / Complainant 2.Nagavalli ... 2nd Respondent/Defacto Complainant 1/5

PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records and quash the FIR in Crime No.282/2017 date 02.12.2017 for the alleged offences under sections 147 and 436 of IPC as against these petitioners. For Petitioners : Mr. V.S.Kishok Kumar For R1 : Mr. B.Nambiselvan Government Advocate(Crl. Side).

For R2 : Mr.A. Uma Pathi

ORDER

This petition has been filed seeking to quash the impugned FIR in Crime No.282 of 2017 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.282 of 2017 for the offences punishable under Sections 147 and 436 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 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 Additional Public Prosecutor and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise.

5.Even though the offence has been under Section 436 of IPC against the petitioner, now it has been submitted before this Court that over the pathway issue, totally three FIRs have been registered. Out of the three FIRs all the matter has been now settled between the parties. Now all are living peacefully. On that ground, even henious offence is alleged, in view of the settlement reached between the parties also in view of the joint compromise memo, 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.282 of 2017 pending on the file of the 1st respondent police in respect of these petitioners. 6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.282 of 2017, pending on the file 3/5

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. 30.06.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To

1. The Inspector of Police, Balamedu Police Station, Madurai District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

TM 30.06.2021 5/5