Amalan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.06.2023 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Amalan ... Petitioner Vs.

1.State Represented by The Inspector of Police, Palayamkottai Police Station, Tirunelveli District.

2. Sankar @ Ganapathy Sankar ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the FIR in Crime No. 536 of 2022 on the file of the 1st respondent police and quash the same as illegal in so far as the petitioner's concerned. For Petitioners : M/s. Lenin Kumar For R1 : Mr.R.Suresh Kumar Government Advocate(Crl.Side) For R2 : Mr.D.Venkatesh for R2

ORDER

This petition has been filed seeking to quash the impugned FIR in Crime No. 536 of 2022 on the file of the 1st respondent police. 1/4

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. 536 of 2022 for the offences punishable under Sections 147, 341, 294(b), 363, 323 and 506(i) of IPC, against the petitioner.

3. The further contention of the petitioner is that he 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 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, dated 25.11.2022, this Court is of the opinion that no useful purpose will be served by keeping the matter pending and inclined to 2/4

quash all further proceedings in Crime No. 536 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.536 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.

21.06.2023 Index : Yes/No Internet:Yes/No tta To

1. The Inspector of Police, Palayamkottai Police Station, Tirunelveli District.

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

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G.ILANGOVAN, J., tta 21.06.2023 4/4