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Madras High CourtCRL OP(MD)/22709/2022allowed

Thangavelu @ Thangavel v. The Inspector Of Police

2023-04-11Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.22709 of 2022

1. Thangavelu @ Thangavel

2. Kirubakaran @ Kiruba

3. Sampath ... Petitioners / Accused Nos.1 to 3 Vs.

1.The State represented by The Inspector of Police, Ilayankudi Police Station, Sivagangai District.

(Crime No.216 of 2013) ... 1st Respondent/Complainant

2. M.Janath ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records and to quash the FIR in Crime No.216 of 2013 dated 14.06.2013 pending on the file of the 1st respondent police in so far as the petitioners are concerned.

For Petitioners : Mr.S.P.Naveenkumar For R1 : Mr.S.Manikandan, Government Advocate(Crl.side) For R2 : Mr.M.Raja Ravi Varma 1/4

O RDER This petition has been filed seeking to quash the impugned FIR in Crime No.216 of 2013 dated 14.06.2013 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.216 of 2013 for the offences punishable under Sections 294(b), 324, 323, 307 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 accepted the terms of compromise. Hence, the Compromise Memo is 2/4

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 11.04.2023, 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.216 of 2013 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.216 of 2013, 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. 11.04.20223 NCC:Yes/No Index : Yes/No Internet : Yes/No Indu 3/4

G.ILANGOVAN. J.

Indu To 1.The Inspector of Police, Ilayankudi Police Station, Sivagangai District.

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

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