Madras High CourtCRL OP(MD)/18802/2023allowed

Kannan v. The Inspector Of Police

2023-10-19Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.10.2023

CORAM:

THE HONOURABLE DR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.18802 of 2023 Kannan

...Petitioners / Accused No.1

Vs.

1.The State rep. by its, The Inspector of Police, Navalpattu Police Station, Trichy.

(In Crime No.35/2020) ...1st Respondent / Complainant 2.Sellakannu ...2nd Respondent / Defacto Complainant 3.Sobana ...3rd Respondent / Victim PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining Crime No.35 of 2020 dated 19.02.2020 on the file of the Inspector of Police, Navalputtu Police Station, Trichy District and quash the same.

For Petitioner :Mr.K.Yasar Arafath For Respondent :Mr.R.M.Anbunithi for R1 Government Advocate (Crl. Side) :Mr.J.Mohamed Ibrahim for R2 1/4

O RDER This petition has been filed seeking to quash the impugned FIR in Crime No.35 of 2020 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.35 of 2020 for the offences punishable under Sections 294(b), 448, 324, 506(ii) of IPC against the petitioner.

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. The issue in this case arose between the close relatives. 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 Additional Public Prosecutor and the Investigation 2/4

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 petitioners and also in view of the joint compromise memo, dated 17.10.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in Crime No.35 of 2020 pending on the file of the 1st respondent police is quashed and the compromise memo is recorded.

6. In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.35 of 2020, pending on the file of the 1st respondent police is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order. 19.10.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No pnn 3/4

G.ILANGOVAN. J.

pnn To 1.The Inspector of Police, Navalpattu Police Station, Trichy.

(In Crime No.35/2020) 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.18802 of 2023 19.10.2023 4/4