R.Kannapparaja v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) Nos.22721 & 22726 of 2022 Crl.O.P.(MD).No.22721 of 2022 1.R.Kannapparaja 2.Sethuramalingam 3.Muthukumaravel 4.Suresh 5.K.Manikandan 6.M.Venkatasalam 7.Prabhu @ Sivaprabhu ... Petitioners/Accused 1 to 7 Vs.
1.The State rep. by its Inspector of Police, (Crime No.594 of 2021) ... 1st Respondent/Complainant 2.Mariyappan ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating to the FIR in Crime No.594 of 2021, dated 07.12.2021 on the file of the Inspector of Police, Tenkasi Police Station, Tenkasi District and quash the same as against the petitioner.
1/6
For Petitioner : Mr.S.Muthukumar For R1 : Mr.M.Muthumanikkam Government Advocate (Crl. side) For R2 : Mr.S.Sundara Pandian Crl.O.P.(MD).No.22726 of 2022 1.Ganesh Dhamotharan 2.Manikandan @ Bistha Mani 3.Mariyappan 4.Jeyakumar @ Chithambaram 5.Karuppasamy @ Penthi 6.Mantar Mahendran @ Mahendran 7.M.Pattu ... Petitioners/Accused 1 to 7 Vs.
1.The State rep. by its Inspector of Police, (Crime No.595 of 2021) ... 1st Respondent/Complainant 2.Sethuramalingam ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating to the FIR in Crime No.595 of 2021, dated 07.12.2021 on the file of the Inspector of Police, Tenkasi Police Station, Tenkasi District and quash the same as against the petitioner.
For Petitioner : Mr.S.Sundara Pandian For R1 : Mr.M.Muthumanikkam Government Advocate (Crl. side) 2/6
For R2 : Mr.S.Muthukumar COMMON O RDER These petitions have been filed seeking to quash the impugned FIR in Crime Nos.594 & 595 of 2022 on the file of the 1st respondent police. 2.It is submitted that the case in Crime No.594 of 2022 has been registered for the offences punishable under Sections 147,294(b), 342, 323, 324, 427 and 506(ii) of IPC on the basis of the complaint given by the 2nd respondent in Crl.O.P.(MD).No.22721 of 2022. Crime No.595 of 2022 has been registered for the offences punishable under Sections 147, 294(b), 341, 324 and 506(ii) of IPC on the basis of the complaint given by the 2nd respondent in Crl.O.P.(MD).No.22726 of 2022. It is a case in counter case. The parties have made complaint against each other. 3.It is further submitted that the parties are compromised the issue with them amicably. A joint memo of compromise was filed, which has been duly signed by both the parties in both cases and also by their respective counsels.
4.The petitioners and the 2nd respondent in both cases have appeared before this Court along with their counsels and also produced 3/6
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. Hence, the Compromise Memo is recorded.
5.Considering the totality of the circumstances, the nature of the allegations levelled against the petitioners in both cases and also in view of the joint compromise memo, dated 20.12.2022, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in Crime Nos.594 & 595 of 2022 pending on the file of the 1st respondent police is quashed and the compromise memo is recorded.
6.In the result, these Criminal Original Petitions stand allowed and the entire proceedings in Crime Nos.594 & 595 of 2022, 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.
22.12.2022 Index : Yes/No Internet : Yes/No TM 4/6
Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Inspector of Police, 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
5/6
G.ILANGOVAN. J.
TM 22.12.2022 6/6