S.Ramakrishnan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:29.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD).No.15132 of 2023 1.S.Ramakrishnan 2.Elango @ Elangovan 3.Deivendran 4.Sivachandran ... Petitioners/Accused Nos.1 to 4 Vs.

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

(Crime No.132 of 2019) ...1st Respondent/Complainant 2.Ananda Babu ...2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relation to the case in Crime No.132 of 2019 on the file of the first respondent Police and quash the same. For Petitioners : Mr.K.Guhan For R1 : Mr.R.M.Anbunithi, Additional Public Prosecutor (Crl.side) For R2 : Mr.K.Esakki 1/4

O R D E R This petition has been filed seeking to quash the impugned FIR in Crime No.132 of 2019 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.132 of 2019 for the offences punishable under Sections 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003 and 506(ii) IPC against the petitioners. 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. 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 Additional Public Prosecutor and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded.

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5.Considering the totality of the circumstances, the nature of the allegations levelled against the petitioners, the entire amount has been settled between the parties in the presence of elders in their village and also in view of the joint compromise memo, dated 16.11.2023, 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.132 of 2019 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.132 of 2019, 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. Consequently, the connected Miscellaneous Petition is closed. 29.11.2023 Index : Yes/No Internet : Yes/No Indu 3/4

G.ILANGOVAN. J.

Indu To 1.The Inspector of Police Cumbum South Police Station, Cumbum, Theni District.

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

Crl.O.P.(MD) No.19182 of 2023 29.11.2023 4/4