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Madras High CourtCRL OP(MD)/17049/2023allowed

V.Srinath Karthick @ Karthick v. The Sub Inspector Of Police

2023-10-19Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.10.2023

CORAM:

THE HONOURABLE DR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.17049 of 2023 1.V.Srinath Karthick @ Karthick 2.S.Isac Prasath 3.S.Vasanth 4.R.Rama Jeyam @ Ram Kutti 5.C.Ramajeyam

...Petitioners / Accused No.1 to 5

Vs.

1.State rep. through, The Sub-Inspector of Police, Alwarthirunagari Police Station, Thoothukudi.

(In Crime No.44/2023) ...1st Respondent / Complainant 2.Naresh ...2nd Respondent / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating to FIR in Crime No.44/2023 dated 28.06.2023 on the file of the Sub-Inspector of Police, Alwarthirunagari Police Station, Thoothukudi and quash the same.

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For Petitioner :Mr.S.Saravanakumar For Respondent :Mr.M.Sakthi Kumar for R1 Government Advocate (Crl. Side) :Mr.C.Ramamurthy for R2 O RDER This petition has been filed seeking to quash the impugned FIR in Crime No.44 of 2023 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.44 of 2023 for the offences punishable under Sections 147, 294(b), 323, 324 and 506(i) of IPC against the petitioners. 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. The dispute between the petitioners and the second 2/5

respondent is over a petty issue. The injured person sustained only simple injuries.

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 Additional Public Prosecutor 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 16.10.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in Crime No.44 of 2023 pending on the file of the 1st respondent police is quashed and the compromise memo is recorded.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.44 of 2023, pending on the file of the 1st respondent 3/5

police is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order. 19.10.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No pnn To

1. The Sub-Inspector of Police, Alwarthirunagari Police Station, Thoothukudi. (In Crime No.44/2023) 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN. J.

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