Madras High CourtCRL OP/15101/2024dismissed

Kasiraja Alias D.Kasi v. State By

2024-07-05Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.07.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.15101 of 2024 Kasiraja alias D ( Kasi) ... Petitioner Vs.

1. State by The Inspector of Police Namakkal Police Station Namakkal (Cr.No.1447/2021)

2. Shanmuga Tamil ... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to call for the records and quash the proceedings/charge sheet in CC.No.394 of 2023 pending on the file of the Judicial Magistrate Court No.1, Namakkal.

For Petitioner : Mr.D.Ashok Kumar For Respondents : Mr.K.M.D.Muhilan Government Advocate (Crl.Side)

O R D E R

Petition is filed to quash the C.C.No.394 of 2023 on the ground that no specific overt act made against this accused and for statistical purpose, police has registered this complaint. 1/4

2. Learned counsel for the petitioner submitted that the defacto complainant and the accused had arrived at a compromise and therefore, that be also taken note while considering the quash petition. A joint compromise memo along with the affidavits of the petitioner and the defacto complainant been filed.

3. This court is shocked in the manner in which the criminal case is attempted to bury by filing a compromise memo for the offence under Sections 341, 387 and 306(2) of Cr.P.C., Particularly, in this case, it is alleged that the petitioner/accused has shown knife and extorted money from the defacto complainant. The respondent police after completion of investigation has filed final report and the same is pending on the file of the Judicial Magistrate-I, Namakkal in C.C. No.394 of 2023. While so, to short circuit the judicial process of law, present petition is filed under Section 482 of Cr.P.C., to quash the complaint.

4. In support of the petition, joint compromise memo also filed. If the court starts entertaining such petition under Section 482 of Cr.P.C., it will not meet the ends of justice or prevent abuse of law but only lead 2/4

to anarchy and jungle raj. Hence, the petition is dismissed. 05.07.2024 Index : Yes/No gv To

1. The Judicial Magistrate Court No.1, Namakkal.

2. The Inspector of Police Namakkal Police Station Namakkal (Cr.No.1447/2021) 3.The Public Prosecutor, High Court of Madras, Chennai.

Dr.G.JAYACHANDRAN,J.

gv 3/4

Crl.O.P.No.15101 of 2024 05.07.2024 4/4