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Madras High CourtCRL OP(MD)/22785/2023allowed

Meenakshi v. The Inspector Of Police

2024-09-04Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 04.09.2024

CORAM

The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY 1.Meenakshi 2.Thagavel 3.Dinesh @ Dinesh Kumar 4.Sinduja @ Hinduja .. Petitioners Vs.

1. The Inspector of Police, Velayuthampalayam Police Station, Karur District (Cr.No.464/2023) 2.Mohameed Arabath ... Respondents PRAYER :- This Petition is filed under Section 482 Cr.P.C, to call for the records pertaining to the First Information Report in Crime No.464 of 2023 on the file of the 1st Respondent police and quash the same. For Petitioners : Mr.B.Santhanam Rajesh Kumar For Respondents : Mrs.M.Aasha Government Advocate (Crl.Side) for R1 : Mr.S.Sathya Chidambaram for R2 1/4

ORDER

This Petition is filed to quash the First Information Report in Crime No.464 of 2023 on the file of the first respondent police.

2. The learned counsel for the petitioners seeks to quash the F.I.R on compromise. The case is filed for the offence under Section 420 I.P.C. The parties are present before this Court.

3. Though it was a case of job racketing, the offence becomes public in nature and the Court will not normally go by the version of the defacto complainant and quash the case on compromise. Even though the offence falls within 420 of Indian Penal Code, considering the overall facts and circumstances in this case that the accused are said to be neighbours of the defacto complainant and over a period of time, they promised him and got money and considering the fact that the accused are not persons, who are in responsible position of power with reference to the Company, namely TNPL, in which the job is said to have been promised, I am inclined to accept the memo of joint compromise memo and quash the case in Crime No.464 of 2023 under Section 420 I.P.C. 2/4

However, considering the overall facts and circumstances of the case, the petitioner shall also pay a cost of Rs.5,000/- to the District Legal Services Authority, Karur.

4. In view thereof, this Criminal Original Petition is allowed and the First Information Report in Crime No.464 of 2023 on the file of the first respondent shall stand quashed. The petitioners shall pay a sum of Rs.5,000/- to the District Legal Services Authority, Karur, within a period of one week from the date of receipt of copy of this order. The joint compromise shall form part and parcel of the order. 04.09.2024 Internet : Yes Index : Yes/ No NCC : Yes/No LS TO

1. The The Inspector of Police, Velayuthampalayam Police Station, Karur District.

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

Copy to The District Legal Services Authority, Karur District.

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D.BHARATHA CHAKRAVARTHY,J LS

ORDER

IN CRL OP(MD) No.22785 of 2023 Date : 04.09.2024 4/4