Madras High Court
K.Kan Ilango vs The State Represented By on 21 March, 2022
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.O.P.(MD)No.2018 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.03.2022
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P(MD)No.2018 of 2022
and
Crl.M.P(MD)No.1468 of 2022
1.K.Kan Ilango
2.R.Sakthivel
3.N.P.Senthil
4.M.Raja
5.A.Saravanan ... Petitioners/
Accused Nos.1 to 5
Vs.
1.The State represented by
The Inspector of Police,
Rameswaram Town Police Station,
Rameswaram District.
(Crime No.41 of 2013) ... 1st Respondent/
Complainant
2.K.Ramamoorthy ... 2nd Respondent/
Defacto Complainant
Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for
the records and quash the proceeding of the FIR in Crime No.41 of 2013 on the
file of the first respondent police, dated 22.03.2013 for the alleged offence
under Sections 147, 148 , 452, 294(b), 427 and 307 IPC.
https://www.mhc.tn.gov.in/judis
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Crl.O.P.(MD)No.2018 of 2022
For Petitioners : Mr.T.Thirumurugan
For Respondents : Mr.R.M.Anbunithi
Additional Public Prosecutor(Crl.Side)
for R.1
ORDER
This Criminal Original Petition has been filed to quash the FIR as against the petitioners/Accused Nos.1 to 5 in Crime No.41 of 2013 on the file of the first respondent for the alleged offences under Sections 147, 148 , 452, 294(b), 427 and 307 IPC.
2. The case is under investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.
3. A Joint Memo of Compromise has been filed before this Court which has been signed by the petitioners and the second respondent and also by their respective counsel.
4. Under such circumstances, no useful purpose will be served in keeping the FIR in Crime No.41 of 2013 pending on the file of the first respondent, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of https://www.mhc.tn.gov.in/judis 2/5 Crl.O.P.(MD)No.2018 of 2022 Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the FIR in Crime No.41 of 2013 .
5. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the FIR in Crime No.41 of 2013 pending on the file of the first respondent is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. The petitioners shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) as costs, to the District Siddha Medical Officer, CCRI, Periyakulam in State Bank of India, Periyakulam Branch bearing Account No.10767823177, IFSC No.SBIN000898, MICR Code No. 625002601, on or before 29.03.2022 and the receipt of payment shall be produced before the respondent police, failing which the order shall stand dismissed automatically without any further reference to this Court. Consequently, connected miscellaneous petition is closed.
21.03.2022
Index : Yes / No
Internet : Yes/ No
mga
Note:1.Issue Order Copy on 22.03.2022.
2. 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. https://www.mhc.tn.gov.in/judis 3/5 Crl.O.P.(MD)No.2018 of 2022 To
1. The Inspector of Police, Rameswaram Town Police Station, Rameswaram District.
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis 4/5 Crl.O.P.(MD)No.2018 of 2022 G.K.ILANTHIRAIYAN, J.
mga Crl.O.P(MD)No.2018 of 2022 21.03.2022 https://www.mhc.tn.gov.in/judis 5/5