P.Arunachalam v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.12.2023
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.19617 of 2023 and Crl.MP(MD)No.15377 of 2023 1.P.Arunachalam 2.A.Ponnarasan ... Petitioners / Accused Nos.1 & 2 Vs.
1.The State Represented by The Inspector of Police, Pavoorchatram Police Station, Tenkasi District.
Crime No.346 of 2023) ... 1st Respondent/Complainant 2.C.Ramesh ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the impugned First Information Report in Crime No.346 of 2023 dated 30.09.2023 on the file of the first respondent for the offence under Section 294(b), 323, 506(2) of IPC and quash the same as illegal.
For Petitioners : Mr.I.Pinaygash For R1 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side) For R2 : Mr.S.T.Sasidharan Tamilkani 1/4
O RDER This petition has been filed to quash the impugned FIR in Crime No.346 of 2023 on the file of the first respondent police. 2.It is a case and case in counter. Counter case has been registered in Crime No.347 of 2023 against the defacto complainant. 3.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.346 of 2023 for the offences punishable under Sections 294(b), 323 and 506(2) of 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 2/4
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 23.11.2023, 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.346 of 2023 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.346 of 2023, 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. 18.12.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No dss 3/4
G.ILANGOVAN. J.
dss To
1. The Inspector of Police, Pavoorchatram Police Station, Tenkasi District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD) No.19617 of 2023 and Crl.MP(MD)No.15377 of 2023 18.12.2023 4/4