S.Rajendran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.13672 of 2020 and Crl.M.P(MD) No.6308 of 2020 1.S.Rajendran 2.Vasantha
...Petitioners/Accused No.1 & 2
Vs.
1. State rep. by The Inspector of Police, Devakottai Town Police Station, Cr.No.257 of 2020, Sivagangai District.
... 1st Respondent / Complainant
2. Muthuramalingam ... 2nd Respondents / Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records and quash the proceedings of the FIR in Crime No.257 of 2020, on the file of the Inspector of Police, Devakottai Town Police Station, Sivagangai District. For Petitioners : Mr.V.Karthirvelu, Senior Counsel for Mr.K.Prabhu For Respondent : Mr.K.Sanjai Gandhi No.1 Government Advocate For Respondent : Mr.K.Saravanan No. 2
ORDER
The Criminal Original Petition has been filed to quash the proceedings in Crime No.257 of 2020 , on the file of the first respondent police.
2.The case is still at the stage of investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves. 3.A Joint Memo of Compromise has been filed before this Court which have been signed by the petitioners and the second respondent and also by their respective counsel.
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4.Under such circumstances, no useful purpose will be served in keeping the First Information Report pending before the respondent police. Even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in Crime No.257 of 2020 pending on the file of the first respondent police.
5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.257 of 2020, on the file of the first respondent police, is quashed and the terms of joint compromise memo shall form part and parcel of this order. The petitioners shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) as costs, to the District Siddha Medical Officer, CCRI, Periyakulam in State Bank of India, Periyakulam Branch bearing Account No.10767823177, IFSC No.SBIN000898, MICR Code No.625002601, on or before on or before 18.03.2022 and produce the receipt before the first respondent police, failing which the order shall stand dismissed automatically without any further reference to this Court. Consequently connected miscellaneous petition is also closed. Sd/- Assistant Registrar(AS) // True Copy // / /2022 Sub Assistant Registrar(CS) Encl.: xerox copy of joint compromise memo.
aav To:
1. The Inspector of Police, Devakottai Town Police Station, Sivagangai District.
2. The District Siddha Medical Officer, CCRI, Periyakulam.
3. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.K.SARAVANAN, Advocate ( SR-11390[F] dated 11/03/2022 ) +1 CC to M/s.K.PRABHU, Advocate ( SR-11113[F] dated 10/03/2022 ) Crl.O.P.(MD) No.13672 of 2020 10.03.2022 svn(CO) TR(11.03.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2