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Madras High CourtCRL OP(MD)/18277/2023allowed

Raja @ Natrajan v. The Inspector Of Police

2024-12-05Honourable Mr Justice N. Anand Venkatesh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.12.2024

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH and CRL.MP(MD). No.14470 of 2023 1.Raja @ Natraja 2.Nimalan ... Petitioners/Accused 1, 2 Vs.

1.The State rep by, The Inspector of Police, Silaiman Police Station, Madurai District.

(Crime No.164 of 2022) ... 1st Respondent / Complainant

2. Jeyachandran ... 2nd Respondent / Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records of the impugned proceedings in Crime No.164 of 2022 dated 24.05.2022 on the file of the 1st respondent police and quash the same.

For Petitioners :

Mr.K.Prabhu 1/5

For R1 :

Mr.B.Thanga Aravindh, Government Advocate (Crl. Side) For R2 :

Mr.K.Vinoharan

ORDER

This Criminal Original Petition has been filed seeking to quash the FIR in Crime No.164 of 2022, pending on the file of first respondent.

2. The case is still at the stage of investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. Joint Memo of Compromise dated 02.05.2024 signed by both petitioners and the second respondent/De facto Complainant and their respective counsel has been filed before this Court. In order to identify the respective parties they have also produced the copies of the Aadhaar Card are made part of the record. The petitioners and the 2nd respondent were also present in person before this Court and they were identified by Ms.S.Booma (SSI), Silaiman Police Station, Madurai District. In the 2/5

Joint Memo of Compromise, it has been stated that the petitioners and the second respondent have entered into a compromise and amicably settled their issues in Crime No.164 of 2022, pending on the file of the first respondent. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

4. Under such circumstances, no useful purpose will be served in keeping the case pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in (2017) 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath) and after exercising due caution as advised by the Hon'ble Supreme Court in The State of Madhya Pradesh v. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10, this Court in exercise of its jurisdiction under Section 482 Cr.P.C, quash the FIR in Crime No.164 of 2022, pending on the file of first respondent.

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5. This Criminal Original Petition stands allowed and as a sequel, the investigation in Crime No.164 of 2022, pending on the file of first respondent is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order.

05.12.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No pal To

1. The Inspector of Police, Silaiman Police Station, Madurai District.

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

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N.ANAND VENKATESH,J.

pal Order made in 05.12.2024 5/5