R.Vino v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN 1.R.Vino 2.Amirthakani 3.R.Suji ... Petitioners Vs.

1.State Rep by Inspector of Police, Radhapuram Police Station, Tirunelveli.

(Crime No.270 of 2021) 2.Almighty Arise Shiny

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records pertaining to the First Information Report in Crime No.270/2021 dt.31.12.2021 on the file of the Respondent No.1 on the file of the Respondent No.1 and quash the same as illegal as against the petitioners alone. 1/5

For Petitioners : Mr.T.Lajapathi Roy For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) For R2 : Mr.G.Karthick

ORDER

This petition has been filed seeking to quash the impugned FIR in Crime No.270 of 2021 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.270 of 2021 for the offences punishable under Sections 417, 506(ii) and 352 of IPC and Section 4 of TNPHW Act, 2002.

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. Even though the allegations made in the complaint are serious in nature, it has been stated by the defacto complainant's mother that for the purpose of future life of the defacto complainant, they have decided to withdraw the complaint. 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, 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.270 of 2021 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.270 of 2021, pending on the file of 3/5

the 1st respondent police is hereby quashed in respect of the petitioners. The compromise memo is recorded and the terms of joint compromise memo shall form part of this order.

15.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.State Rep by Inspector of Police, Radhapuram Police Station, Tirunelveli.

(Crime No.270 of 2021)

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

4/5

G.ILANGOVAN ,J.

TM 15.11.2023 5/5