Madras High CourtCRL OP(MD)/13806/2021allowed

Kaviyatamizhan v. The Inspector Of Police

2021-11-01Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.13806 of 2021 BEFOE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.13806 of 2021 Kaviyatamizhan ... Petitioner/Sole Accused Vs.

1.The Inspector of Pollice, State of Tamilnadu, Nagamalai Pudukottai Police Station, Madurai District.

(Crime No.353/2019) ...1st Respondent/Complainant 2.Mari ...2nd respondent/Defacto Complainant 3.Mariammal ...3rd Respondent/Victim PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to Crime No.353 of 2019 dated 16.08.2019 on the file of the Inspector of Police, Nagamalai Pudukottai Police Station, Madurai District and quash the same. For Petitioner : Mr.D.S.Harroon Rasheed For R1 : Mr.Sanjai Gandhi Government Advocate (Crl.side) For R2 & R3 : Mr.A.Balaji

O R D E R

This petition has been filed to quash the First Information Report in Crime No. 353 of 2019 dated 16.08.2019 on the file of the Inspector of Police, Nagamalai Pudukottai Police Station, Madurai District.

2. The case has been registered for the offences punishable under Sections 279 and 337 IPC on the basis of the complaint given by the second respondent.

3. The crux of the complaint is that on 13.08.20219 when the defacto complainant's mother came nearby Usilampatti-Madurai Road, one person, who drove the vehicle bearing Registration No. TN 58 AR 6797 (TVS Appache) in rash and negligent manner, hit the mother of the defacto complainant and she sustained injuries. Hence, the case has been registered for the aforesaid offences. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.13806 of 2021

4. When the matter is taken for hearing, the petitioner/sole accused and the respondents 2 and 3 are present before the Office of the Public Prosecutor and appeared through video conference. Their respective counsel are also present before this Court through video conference. The identity of the parties are verified by the respective counsel and the police. When this Court enquired with the parties, it is seen that they have compromised the dispute. The respondents 2 and 3 are willing to quash the case in Crime No. 353 of 2019 dated 16.08.2019. In view of the compromise entered into between the parties, no purpose would be served in keeping the First Information Report pending.

5. Recording the joint compromise memo dated 11.09.2021, the First Information Report in Crime No. 353 of 2019 dated 16.08.2019 is hereby quashed so far as the petitioner is concerned. The joint compromise memo shall form part of this order.

6. In fine, this petition is allowed.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) CM 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 Inspector of Pollice, State of Tamilnadu, Nagamalai Pudukottai Police Station, Madurai District.

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

Crl.O.P.(MD)No.13806 of 2021 01.11.2021 MMS(CO) KB(23.11.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2