Madras High CourtCRL OP(MD)/15931/2022dismissed

Irudhayadeepan v. The Inspector Of Police

2022-09-23Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2022

CORAM

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.15931 of 2022 Irudhayadeepan S/o.Benzikar ... Petitioner Vs 1.The Inspector of Police, V.K.Puram Police Station, Tirunelveli District.

2.Prakash S/o.Innasi ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the entire records relating in Crime No.403 of 2020, on the file of the first respondent and quash the same in respect of the petitioner alone.

For Petitioner : Mr.S.Balasubramanian For R1 : Mr.B.Nambi Selvan Additional Public Prosecutor For R2 : Mr.R.Senthil Kumar 1/4

O R D E R

This Criminal Original Petition has been filed to quash the First Information Report in Crime No.403 of 2020, on the file of the first Respondent police.

2.The contention of the Petitioner and the second Respondent is that based on the complaint lodged by the second Respondent, the first Respondent registered a case in Crime No.403 of 2020 for the offences punishable under Sections 305 and 307 of IPC, against the Petitioner. 3.The further contention of the Petitioner is that the Petitioner had compromised the issue with the second respondent amicably. A joint memo of compromise was filed, which has been duly signed by the Petitioner and the second Respondent and also by their respective Counsels. 4.The learned Additional Public Prosecutor appearing for the first Respondent police vehemently opposed to quash the FIR in Crime No.403 of 2020, since the offences under Sections 395 and 397 of IPC cannot be compounded.

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5.Considering the serious objection of the learned Additional Public Prosecutor, this Court is not inclined to allow this Criminal Original Petition. Accordingly, this Criminal Original Petition is dismissed. 23.09.2022 Internet:Yes./No Index:Yes/no tta To

1. The Inspector of Police, V.K.Puram Police Station, Tirunelveli District.

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

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SATHI KUMAR SUKUMARA KURUP,J tta ORDER IN CRL.O.P (MD) No.15931 of 2022 23.09.2022 4/4