Mukesh @ Kambathu Arasan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN 1.Mukesh @ Kambathu Arasan

2. Dinesh @ Dines Babu

3. Rajeshkumar

4. Marimuthu ... Petitioners/Accused No.1 to 4 Vs.

1. The Inspector of Police, Town Police Station, Thirumangalam, Madurai District.

(Crime No.281 of 2022) ... 1st Respondent/Complainant

2. Thirukumar ... 2nd Respondent/Defacto Complainant

3. Senthil @ Senthil Pandi

4. Muthukumar

5. Shiek Abdullah @ Sait Abdul Kader ... Respondents / Victims PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the entire records pertaining to the FIR in Crime No. 281 of 2022 on the file Respondent police and Quash the same in so far as concern the Petitioners/Accused No.1 &2. 1/5

For Petitioners : Mr. S.Prabhu For R1 : Mr.S.Manikandan Government Advocate (Crl. Side) For R2 to R5 :Mr. S.Balamurugan

ORDER

This petition has been filed seeking to quash the impugned FIR in Crime No.281 of 2022 on the file of the 1st respondent police. 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.281 of 2022 for the offences punishable under Sections 147, 148, 341, 294(b), 323, 324, 506(ii), 307 of IPC. 3.The further contention of the petitioners is that they compromised the issue with the 2nd respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the 2nd respondent and also by their respective counsels. 2/5

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 Government Advocate (Crl. side) and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded.

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 07.12.2022, this Court is of the opinion that no useful purpose will be served by keeping the matter pending and inclined to quash all further proceedings in Crime No.281 of 2022 pending on the file of the 1st respondent police in respect of these petitioners. 6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.281 of 2022, pending on the file of the 1st respondent police is hereby quashed in respect of the petitioners. The compromise memo is recorded and the terms of joint 3/5

compromise memo shall form part of this order. 17.03.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To

1. The Inspector of Police, Town Police Station, Thirumangalam, Madurai District.

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

4/5

G.ILANGOVAN,J.

TM Order made in Dated: 17.03.2023 5/5