Mariselvam v. The Sub-Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN 1.Mariselvam 2.Manikandan 3.Naveen @ Naveen Kumar 4.Praveen @ Praveen Kumar 5.Palpandi 6.Velpandi

...Petitioners/Accused Nos.1 to 6

Vs.

1.The Sub Inspector of Police, Sholavandan Police Station, Madurai District.

(In Cr.No.334 of 2017) ...1st Respondent/Complainant 2.Muthuselvam ... 2nd Respondent/Defacto Complainant 3.Alaguraja 4.Balamurugan 5.Nagamani

...Respondents Nos.3 to 5/Victim

Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records relating to FIR in Cr.No.334 of 2017, dated 23.07.2017 on the file of the Inspector of Police, Sholavandan Police Station, Madurai District and quash the same as against the petitioners.

For Petitioners : Mr.P.Balasubramanian For R1 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side) For R2 to R5 : Mr.S.Arockiya Selva Ramesh

ORDER

The Criminal Original Petition has been filed to quash the FIR as against the petitioners in Cr.No.334 of 2017 on the file of the first respondent police.

2. The case is under investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

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3. A Joint Memo of Compromise has been filed before this Court which has been signed by the petitioners and the respondent Nos.2 to 5 and also by their respective counsel.

4. Under such circumstances, no useful purpose will be served in keeping the FIR in Cr.No.334 of 2017 pending on the file of the first respondent, 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 FIR in Cr.No.334 of 2017.

5. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the FIR in Cr.No.334 of 2017 pending on the file of the first respondent is quashed and the terms of Joint Memo of Compromise 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 credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172) on or before 03.05.2022 and produce the receipt before the respondent police, failing which the order shall stand dismissed automatically without any further reference to this Court.

Sd/- Assistant Registrar (CO) // True Copy // / /2022 Sub Assistant Registrar(CS) vsd 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. ENCL:Xerox Copy of Joint Compromise Memo To 1.The Sub Inspector of Police, Sholavandan Police Station, Madurai District.

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

COPY TO:- THE OFFICER INCHARGE, CHIEF MINISTER PUBLIC RELIEF FUND, FINANCE(CMPRF) DEPARTMENT, GOVERNMENT OF TAMIL NADU, SECRETARIAT, CHENNAI 600 009.

+1 CC to M/s.P. BALASUBRAMANIAN, Advocate ( SR-21113[F] dated 26/04/2022 ) 25.04.2022 KG(CO) GC(27.04.2022) 3P 5C 3/3