Madras High CourtCRL OP(MD)/14327/2020allowed

Gopinath v. The Inspector Of Police

2020-12-18Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P.(MD)No.14327 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.14327 of 2020 1.Gopinath 2.Sivagnanam .. Petitioners/ Accused Nos.1 & 2 Vs.

1.The Inspector of Police, Koodal Pudur Police Station, Madurai City.

Crime No.289 of 2019 ..Respondent No.1/ Complainant 2.Rajabharathi ..Respondent No.2/Defacto Complainant PRAYER: Petition filed under Section 482 of Code of Criminal Procedure, to call for the records relating to the FIR in Crime No.289 of 2019 on the file of the first respondent Police station and quash the same as the matter is amicably settled between parties.

For Petitioners : Mr.R.Gandhi For R1 : Mr.V.Neelakandan Additional Public Prosecutor For R2 : Mr.D.Shanmuga Raja Sethupathi

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No.289 of 2019 on the file of the first respondent police.

2.The second respondent / defacto complainant, as well as the petitioners/accused are present before this Court and they are identified by the respective learned counsel and both the parties have filed a joint compromise memo stating that the matter has been amicably resolved between themselves and the second respondent / defacto complainant is not willing to prosecute the complaint and therefore, the petitioner would pray for quashing the FIR in Crime No.289 of 2019 pending on the file of the first respondent. 3.The compromise memo is filed before this Court and the parties along with their respective counsel are also personally present before this Court today (18.12.2020) and the defacto complainant has represented before this Court that the matter has https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.14327 of 2020 been settled amicably between the parties. The learned Additional Public Prosecutor who was present in the Court had also verified their identity and would state that he has no objection for the above compromise.

4.In the result, by recording the compromise, this Criminal Original Petition is allowed and the FIR in Crime No.289 of 2019 pending on the file of the first respondent police, is quashed. The joint compromise memo shall form part and parcel of this order. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) Encl: Xerox Copy of the Memo of Compromise.

rm 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 Police, Koodal Pudur Police Station, Madurai City.

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

+1cc to Mr.R.Gandhi, Advocate Sr.No.26932 Crl.O.P.(MD)No.14327 of 2020 DATED : 18.12.2020 SVN(CO) NR (05/01/2020) 2P : 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2