Alatikaruppu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.10.2022 CORAM :

CORAM : JUSTICE SATHI KUMAR SUKUMARA KURUP Alatikaruppu ... Petitioner/Sole Accused Vs.

1.State rep., through The Inspector of Police, Thiruppachethi Police Station, Sivagangai District 630 610.

... Respondent No.1/Complainant (In Crime No.288 of 2021) 2.Thirumal .. Respondent No.2/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the impugned FIR in Crime No.288 of 2021 dated 25.12.2021 on the file of the first respondent and quash the same.

For Petitioner : Mr.R.Senthilkumar For R1 : Mr.R.Sureshkumar Government Advocate (Crl.side) For R2 : Mr.S.Balasubramanian 1/5

ORDER

This Criminal Original Petition has been filed to quash the First Information Report in Crime No.288 of 2021 on the file of the first Respondent police.

2.The Petitioner is employed as Driver in TNSTC Sivagangai (ID No. 21059). The victim is aged about 65 years. She has hearing defect. Hence, she could not hear the sound of the bus, on seeing the bus, she fell down, that is the case of the Petitioner.

3.Mr.R.Senthilkumar (Enrollment No.622/18) (Mobile No. 9789552729), learned Counsel appearing for the Petitioner, submitted that the Petitioner and the Defacto Complainant have settled their issue amicably. As per the compromise arrived between the parties, the Petitioner had paid a sum of Rs.30,000/- (Rupees Thirty Thousand only) to the victim's nephew by name Muthukumar (Aadhar No.3525 5435 1895) and the same was given to the victim.

4.Mr.S.Balasubramaniyan, Enrollment No.2163/2017 (Mobile No. 9626080496), learned Counsel for the Second Respondent/Defacto Complainant is present before this Court and concedes the submission of the learned Counsel for the Petitioner.

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5.The learned Government Advocate (Crl.side) appearing for the First Respondent submitted that the FIR in Crime No.288 of 2021 has been registered against the Petitioner for the offences under Sections 279 and 337 of the Indian Penal Code and charge sheet has also been filed. 6.Considering the submissions made on either side, eventhough charge sheet has been filed, on the basis of the joint compromise arrived between the parties, the charge sheet in FIR in Crime No.288 of 2021 on the file of the First Respondent is hereby quashed. The Criminal Original Petition is allowed accordingly. The Joint Compromise Memo and the notarized affidavit filed by the Second Respondent shall form part of this order.

31.10.2022 Index : Yes/No Internet:Yes/No Rmk To 1.The Inspector of Police, Thiruppachethi Police Station, Sivagangai District 630 610.

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

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SATHI KUMAR SUKUMARA KURUP, J., Rmk 31.10.2022 5/5