Tamilselvan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.18102 of 2023 and Crl.M.P.(MD).No.14572 of 2023 Tamilselvan

...Petitioner / Accused No.2

Vs.

1.The State Rep. by, The Inspector of Police, Ramanathapuram Town Police Station, Ramanathapuram.

(in Crime No.222 of 2022) ...1st Respondent / Complainant 2.Soukath Alikhan ...2nd Respondent / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to Call for the records pertaining Crime No.222 of 2022 dated 12.12.2022, on the file of the Inspector of Police, Ramanathapuram Town Police Station, Ramanathapuram District and quash the same.

For Petitioner :Mr.K.Palmurugan For Respondent :Mr.M.Sakthi Kumar for R1 Government Advocate (Crl. Side) :Mr.K.Yasar Arafath for R2 1/5

O RDER This petition has been filed seeking to quash the impugned FIR in Crime No.222 of 2022 on the file of the 1st respondent police. 2.The contention of the petitioner is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.222 of 2022 for the offences punishable under Sections 294(b), 323, 506(i) of IPC, against the petitioner. It is a case in counter case. 3.The further contention of the petitioner 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 petitioner and the 2nd respondent and also by their respective counsels.

4.The petitioner 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 2/5

compromise. Hence, the Compromise Memo is recorded. 5.Considering the totality of the circumstances, the nature of the allegations levelled against the petitioner and also in view of the joint compromise memo, 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.222 of 2022 pending on the file of the 1st respondent police in respect of this petitioner. 6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.222 of 2022, pending on the file of the 1st respondent police is hereby quashed in respect of the petitioner. The compromise memo is recorded and the terms of joint compromise memo shall form part of this order. Consequently, connected miscellaneous petition is closed. Speaking : Yes / No 12.10.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No TM 3/5

To 1.The Inspector of Police, Ramanathapuram Town Police Station, Ramanathapuram.

(in Crime No.222 of 2022) 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

G.ILANGOVAN. J.

TM Crl.O.P.(MD)No.18102 of 2023 12.10.2023 5/5