Divithkumar v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.22282of 2023

1. Divithkumar

2. Vinithkumar

3. Anantharaj

4. Minor. Aakash (Rep. by his father Andisamy)

...Petitioners

Vs.

1.The Deputy Superintendent of Police Thirumangalam, Madurai District

2. The Inspector of Police Thirumangalam Town Police Station Thirumangalam Madurai District

3. Udayan ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records and quash the proceedings in Crime No.273 of 2023 on the file of 1/5

the Inspector of Police, Thirumangalam Town Police Station, Thirumangalam, Madurai District.

For Petitioners :Mr.S. Pandiyaraj For Respondent :Mr.R.M.Anbunithi for R1 Additional Public Prosecutor :Mr. S.Muthumalairaja for R2 O RDER This Criminal Original Petition has been filed seeking to quash the impugned FIR in Crime No.273 of 2023 on the file of the second respondent police.

2.The contention of the petitioners is that based on the complaint lodged by the 3rd respondent, the 2nd respondent registered the First Information Report in Crime No.273 of 2023 for the offences punishable under Sections 147,294(b), 323,324 and 506(2) of IPC r/w.Sections 3(1)(s), 3(2)(va) of SC/ST(Prevention of Atrocities)Act,1989 against the petitioners.

3.The further contention of the petitioners is that they compromised the issue with the 3rd respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the 3rd respondent and also by their respective counsels.

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4.The petitioners and the 3rd 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 recorded.

5. The learned Additional Public Prosecutor would submit that only proposal has been sent for disbursing the compensation amount so far it has not been disbursed.

6.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 08.12.2023, 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.273 of 2023 pending on the file of the 2nd respondent police is quashed and the compromise memo is recorded.

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7.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.273 of 2023, pending on the file of the second respondent police is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order. 11.12.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No aav To 1.The Deputy Superintendent of Police Thirumangalam, Madurai District

2. The Inspector of Police Thirumangalam Town Police Station Thirumangalam Madurai District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN. J.

aav Crl.O.P.(MD)No.22282of 2023 11.12.2023 5/5