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Madras High CourtCRL OP(MD)/22015/2022allowed

Thenmozhi v. The Inspector Of Police

2023-04-13Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:13.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.22015 of 2022 and Crl.MP(MD)No.1551 of 2022 Thenmozhi : Petitioner/Sole Accused Vs.

1.The Inspector of Police, Kottampatti Police Station, Madurai District.

(Crime No.216 of 2022) : R1/Complainant 2.Senthil Murugan : R2/De-facto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the case in Crime No.216 of 2022 on the file of the 1st respondent and quash the same and pass such other orders.

For Petitioner : Mr.S.Ramasundarvijayraj For R1 : Mr.R.Suresh Kumar Government Advocate (Criminal side) For R2 : Mr.K.Sharan 1/5

O RDER This petition has been filed seeking to quash the FIR in Crime No.216 of 2022 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.216 of 2022 for the offence punishable under Section 304(A) IPC as 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 petitioners and the 2nd respondent and also by their respective counsels. 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 Government Advocate (Criminal side) 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 petitioner 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 FIR in Crime No.216 of 2022 pending on the file of the 1st respondent police, in respect of the petitioner.

6.In the result, the Criminal Original Petition stands allowed and the FIR in Crime No.216 of 2022 pending on the file of the 1st respondent, is hereby quashed. The compromise memo is recorded and the terms of joint compromise memo shall form part of this order. Consequently connected Miscellaneous Petition is closed. 13.04.2023 Index : Yes/No Internet : Yes/No er 3/5

To 1.The Inspector of Police, Kottampatti Police Station, Madurai District.

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

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G.ILANGOVAN. J.

er 13.04.2023 5/5