Madras High CourtCRL OP(MD)/15713/2022allowed

Murugan v. The Inspector Of Police

2022-09-06Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Crl.O.P.(MD).No.15713 of 2022 and Crl.M.P.(MD).No.

Murugan ... Petitioner Vs.

1.The State Rep. by the Inspector of Police, Kulithalai Police Station, Karur District.

(Cr. No. 791/2016.) ... 1st Respondent/Complainant 2.Thangammal ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating to the FIR in Crime No. 791 of 2016 dated 25.11.2016, on the Inspector of Police, Kulithalai Police station, Karur District and quash the same as against the petitioner. For Petitioner : Mr.M.Karunanithi For Respondents : Mr.B.Nambiselvan for R1 Additional Public Prosecutor 1/4

O RDER This Criminal Original Petition has been filed seeking to quash the FIR in Crime No. 791 of 2016 dated 25.11.2016, on the file of the first respondent.

2. The learned Counsel for the Petitioner submitted that the occurrence took place in the year 2016, for which, a case in Crime No. 791 of 2016, has been registered against the Petitioner herein, who is the Sole Accused. Subsequently, with the guidance of the elders in the Village, the Defacto Complainant and the Sole Accused had entered into a Compromise.

3. The learned Additional Public Prosecutor submits that the case is of the year 2016 as per the FIR. The Accused herein in inebriated condition is alleged to have attacked the Defacto Complainant and her Son, based on which, the FIR was registered. Till date Final Report has not been filed.

4. Considering the fact that the case has been registered for the offences under Sections 147, 294(b), 323 and 506(i) IPC and till date the Charge Sheet has not been filed, this Court is inclined to quash the FIR. 2/4

5.Accordingly, the FIR in Crime No.791 of 2016, on the file of the first respondent is hereby quashed and the Criminal Original Petition is Allowed.

06.09.2022 Index : Yes/No Internet : Yes/No TM To 1.The Inspector of Police Kulithalai Police Station, Karur District.

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

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SATHI KUMAR SUKUMARA KURUP. J.

TM 06.09.2022 4/4