Gangatharan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP 1.Gangatharan 2.Iyyappan 3.Arunraj 4.Yuvaraj 5.Venkatajalapathi

...Petitioners

Vs.

1.State represented by its The Inspector of Police, Annavasal Police Station, Pudukkottai District.

(Crime No.138 of 2022) 2.Neelamanikandan

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records and to quash the F.I.R. in Crime No.138 of 2022 on the file of the respondent police, Annavasal Police station, Pudukkottai District.

For Petitioner :Mr.P.Ganapathy Subramanian For R1 :Mr.R.Sivakumar Government Advocate (Crl.side) For R2 :Mr.M.Laxmi Mahendraa 1/4

ORDER

This Criminal Original Petition has been filed to quash the F.I.R. in Crime No.138 of 2022 on the file of the respondent police, Annavasal Police station, Pudukkottai District.

2.On 14.10.2022, the learned Government Advocate (Crl.side) stated that the Memo of Joint Compromise does not mention about that the compromise entered with one Subash, who was also injured in the assault. Hence, the case is posted today under the caption "for clarification" to hear the learned Government Advocate (Crl.side).

3.The learned Counsel for the Petitioner submitted that the second Respondent has also filed an affidavit of the injured Subash. 4.The learned Counsel for the second Respondent also invited the attention of this Court to paragraph No.4 of the affidavit, wherein, it is clearly stated that both the witnesses and the second Respondent herein/ De-Facto Complainant had not received any compensation from the Government during the pendency of the case.

2/4

5.In the light of the above, the compromise entered into between the De-Facto Complainant and the accused is recorded. Accordingly, this Criminal Original Petition stands allowed and the proceedings in Crime No. 138 of 2022 on the file of the first Respondent Police, is quashed and the Memo of Joint Compromise shall form part and parcel of this order. 18.10.2022 Index:Yes/No vsd To 1.The Inspector of Police, Annavasal Police Station, Pudukkottai District.

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

3/4

SATHI KUMAR SUKUMARA KURUP , J.

vsd 18.10.2022 4/4