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Madras High CourtCRL OP(MD)/21358/2022allowed

Guna @ Gunasekaran v. The Inspector Of Police

2023-01-03Honourable Mr Justice K.Murali Shankar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Guna @ Gunasekaran, : Petitioner Vs 1.The State through The Inspector of Police, Dindigul Taluk Police Station, Dindigul District (Crime No.927 of 2015).

2.William Kaspar : Respondent PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for records relating to the FIR in Crime No.927 of 2015, on the file of the first respondent and quash the same as against the petitioner/accused No.2.

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For Petitioner : Mr.C.Susi Kumar For R1 : Mr.Muthumanikkam Government Advocate (Crl. Side) For R2 : Mr.R.Maheswaran

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to call for the records pertaining to the First Information Report in Crime No.927 of 2015 on the file of the first respondent police and quash the same as illegal.

2. When the matter is taken up for hearing today, the learned counsel appearing for the petitioners would submit that the second respondent has lodged a complaint about the incident alleged to have taken place on 04.10.2015 against the petitioner and that FIR came to be registered in Crime No.927 of 2015, for the offences under Sections 294(b), 323 and 506(i) IPC on the file of the first respondent Police.

3. The learned Government Advocate (Criminal Side) appearing for the first respondent would submit that investigation is pending. 2/5

4. Meanwhile, the parties have decided to burry the hatchet and compromised their dispute among themselves amicably. In pursuance of the said compromise, they have filed a joint compromise memo.

5. The petitioner as well as the second respondent are present before this Court and they are identified by their counsel as well as by Mr.S.Jaffar, SSI, Dindigul Taluk Police Station. On enquiry, before this Court both parties have accepted the compromise between them and filing of joint compromise memo. Hence, the compromise memo is recorded.

6. Considering the facts and circumstances of the case and also the nature of the charges levelled against the petitioner and also taking note of the fact that the parties have entered into compromise and filed joint compromise memo and recording of the same, this Court is of the view that no useful purpose would be served in keeping the case pending.

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7. In the result, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.927 of 2015, on the file of the first respondent police, is quashed.

03.01.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No lr To 1.The Inspector of Police, Dindigul Taluk Police Station, Dindigul District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR,J.

lr Order made in Dated: 03.01.2023 5/5