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Madras High CourtCRL OP(MD)/12721/2023allowed

Gananamoorthi v. The Deputy Superintendent Of Police

2023-12-14Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:14.12.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN 1.Gananamoorthi 2.G.Meenakshi 3.Pandi @ Pandithurai 4.Rajendran 5.K.Karthi ... Petitioner Vs.

1.The Deputy Superintendent of Police, Melur, Madurai District.

2.State through the Inspector of Police, Kottampatti Police Station, in Crime No.82/2023, Madurai District.

3.Poovan ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records and to quash the FIR in Crime No.82 of 2023 pending on the file of the 1st respondent police in the nature and circumstances of the case and in the interest of justice equity and good conscience.

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For Petitioners : Mr.R.Rajamohan For R1 & R2 : Mr.M.Sakthi Kumar Government Advocate (Crl.side)

ORDER

This Criminal Original Petition is filed to call for the records and to quash the FIR in Crime No.82 of 2023 pending on the file of the 1st respondent police in the nature and circumstances of the case and in the interest of justice equity and good conscience. 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.82 of 2023 for the offences punishable under Sections 147, 148, 294(b), 323, 324, 341, 506(ii) of IPC and Section 3(2)(va), 3(1)(r) and 3(1)(s) of the SC/ST (Prevention of Atrocities) Amendment Act, 2015 against the petitioners. 3.The further contention of the petitioners is that they compromised the issue with the 2nd respondent amicably. A joint memo 2/5

of compromise was filed, which has been duly signed by the petitioners and the 2nd respondent and also by their respective counsels. 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. Hence, the Compromise Memo is recorded. Learned Government Advocate has also confirmed that no compensation amount was received by the defacto complainant. It is a village issue which was settled at the village level itself. 5.Considering the totality of the circumstances, the nature of the allegations levelled against the petitioners and also in view of the joint compromise memo, dated 11.07.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in Crime No.82 of 2022 pending on the file of the 1st respondent police is quashed and the compromise memo is recorded. 3/5

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.82 of 2022, pending on the file of the 1st respondent police is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order. 14.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No pnn To 1.The Deputy Superintendent of Police, Melur, Madurai District.

2.The Inspector of Police, Kottampatti Police Station, in Crime No.82/2023, Madurai District.

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

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G.ILANGOVAN ,J.

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