Saravanan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.11.2024

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH and CRL.MP(MD). No. 14334 of 2023 Saravanan ... Petitioner / Rank Not Known Vs.

1. The State, Rep by the Inspector of Police, Gudalore South Police Station, Theni District.

... 1st Respondent / Complainant

2. Murugan ... 2nd Respondent / De-facto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No. 204 of 2011 on the file of the 1st respondent and quash the same. For Petitioner :

M/s.Ilayaraja.R For R-1 :

M/s.S.Ravi, Additional Public Prosecutor (Crl. Side) 1/6

For R2 :

Mr.L.Ram Prasath

ORDER

This Criminal Original Petition has been filed to quash the FIR registered in Crime No. 204 of 2011 on the ground that the parties have already entered into a compromise.

2. When the matter came up for hearing on 23.09.2024, the following order was passed by this Court:- "It is seen that already a joint compromise memo has been filed. The parties have also appeared. Thereafter, the respondent police also was directed to verify and file status report. A status report is also filed. However, eventhough in the status report, the respondent police are saying that they verified the facts between the petitioner and the Murugesan and found that they have compromised the issue, the only thing is that they could have verified it with the owners of the factory, namely the said Thomas or the other persons, and ascertain whether they are also willing, 2/6

for the compromise entered into by Murugesan, whether it is with their consent and whether they are willing to pursue the case and whether they have any objection with reference to quashing of the case on compromise.

2.Call this matter on 30.09.2024. The investigating officer shall endeavour to contact the said persons and to file status report with reference to the same."

3. When the matter was taken up for hearing today, the status report of the first respondent was filed along with all the relevant documents. The relevant portions are extracted hereunder:- "3. I submit that after registering the case, the respondent police took up the investigation of the case, prepared rough sketch and observation mahazar, in the presence of witness and had enquired witnesses, thereby recorded their statements. Now the above petition has 3/6

been filed seeking quashment of the above FIR.

4. I submit that the above parties had entered into compromise and basing upon the same the above petition has been filed. The owner of the Mill had also consented for compromise."

4. It is clear from the above that the parties have already compromised the dispute among themselves and hence no useful purpose will be served in keeping the case pending.

5. In view of the above, the FIR in Crime No. 204 of 2011 on the file of the respondent police is hereby quashed on the ground of compromise.

6. Accordingly, this Criminal Original Petition stands allowed. Consequently, the connected miscellaneous petition is closed. 04.11.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No pal 4/6

To

1. The Inspector of Police, Gudalore South Police Station, Theni 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 04.11.2024 6/6