Shanmuganathan v. The Inspector of Police

O RDER

This petition has been filed seeking to quash the impugned FIR in Crime No.162 of 2023 on the file of the 2nd respondent police.

2.The contention of the petitioner is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.162 of 2023 for the offences punishable under Sections 294(b), 506(i) of IPC against the petitioner.

¶3The further contention of the petitioner 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 petitioner and the 2nd respondent and also by their respective counsels.

¶4The petitioner 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 (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.

¶5Considering the totality of the circumstances, the nature of the allegations levelled against the petitioner and also in view of the joint compromise memo, dated 13.12.2023, 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.162 of 2023 pending on the file of the 2nd respondent Police is quashed and the compromise memo is recorded.

¶6In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.162 of 2023, pending on the file of the 1st respondent Police is hereby quashed in respect of the petitioner and the terms of joint compromise memo shall form part of this order.

20.12.2023 NCC :Yes/No Index :Yes/No Internet :Yes/No Indu G.ILANGOVAN. J. Indu To

1.The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District,

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P.(MD) No.22363 of 2023

20.12.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2023 CORAM: THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.22363 of 2023 Shanmuganathan ... Petitioner/Sole Accused Vs. 1.The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District, Crime No.162 of 2023. ...1st Respondent/Complainant 2. R.Muthulingam ...2nd Respondent /Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to impugned FIR in Crime No. 162 of 2023 under sections 294(b) and 506(ii) of IPC pending on the file of the 1st respondent and quash the same as illegal, improper and nothing but abuse of process of law. For petitioner : Mr.R.Murugan For R1 : Mr.R.M.Anbunithi, Additional Public Prosecutor. For R2 : Mr.S.Santhosa Uthaman