Jaikarthik v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN 1.Jaikarthik 2.Senthurnathan 3.Giri ... Petitioners Vs.

1.The Sub Inspector of Police, Pattiveeranpatti Police Station, Dindigul District.

(In Crime No.70/2023) 2.Kalyani

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records in connection with the crime no.70/2023 on the file of the 1st Respondent and quash the same. For Petitioners : Mr.S.Thirupathy For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) For R2 : Mr.S.Karthick Ramkumar 1/5

ORDER

This petition has been filed seeking to quash the impugned FIR in Crime No.70 of 2023 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.70 of 2023 for the offences punishable under Sections 436 of IPC.

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 Government Advocate (Crl. side) and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Even though the offences are heinous 2/5

in nature, it appears that the first petitioner is a College going students, undergoing first years B.Sc., Physical Education. Hence, the Compromise Memo is recorded in respect of the first petitioner alone. 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, this Court is of the opinion that no useful purpose will be served by keeping the matter pending and inclined to quash all further proceedings in Crime No.70 of 2023 pending on the file of the 1st respondent police in respect of first petitioner. Since the second and third petitioners are minor, they have to approach the Juvenile Justice Board. 6.In the result, the Criminal Original Petition stands partly allowed and the entire proceedings in Crime No.70 of 2023, pending on the file of the 1st respondent police is hereby quashed in respect of the first petitioner. The compromise memo is recorded and the terms of joint compromise memo shall form part of this order. 22.11.2023 Index :

Yes / No Internet :

Yes / No TM 3/5

To 1.The Sub Inspector of Police, Pattiveeranpatti Police Station, Dindigul District.

(In Crime No.70/2023)

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

4/5

G.ILANGOVAN ,J.

TM 22.11.2023 5/5