Krishnamoorthy v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.12.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Crl.O.P.No.30145 of 2022 1.Krishnamoorthy 2.Mohan Kumar 3.Ramkumar ...

Petitioners Vs.

1.State rep. by, The Inspector of Police, Viruthachalam Police Station, Cuddalore District.

(Crime No.95 of 2015) 2.Shanmugavelayutham ...

Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records in connection with the impugned final report in C.C.No.57 of 2017 on the file of the learned Judicial Magistrate No.I, Virudhachalam, Cuddalore District and quash the same. For Petitioner : Mr.M.Vijayaragavan For Respondents : Mr.S.Santhosh Government Advocate (Crl. Side) 1/4

ORDER

This Criminal Original Petition is filed to call for the records in connection with the impugned final report in C.C.No.57 of 2017, on the file of the learned Judicial Magistrate No.I, Virudhachalam, Cuddalore District and quash the same.

2.This case was registered on 11.02.2015, in Crime No.95 of 2015, against the petitioners, on the basis of the complaint made by one Shanmugavelayutham. The case of the prosecution is that due to previous enmity, on 03.02.2015 at about 9.30 a.m., the accused persons entered into the defacto complainant's house, scolded him in filthy language and attacked his son with an iron rod, due to which, his son suffered simple injuries. 3.The learned counsel for the petitioners submitted that the first petitioner Krishnamoorthy is the younger brother of the defacto complainant. They have resolved their dispute and filed a joint memo of compromise. In view of the settlement of the dispute between the parties, they pray that they may be permitted to withdraw the complaint and quash the proceedings. 2/4

4.Today, the first respondent police, petitioners/accused, defacto complainant and his son, all are present before this Court. On enquired by this Court, they reiterated that they have resolved their dispute and wanted to live peacefully.

5.In the said circumstances, this Court permits them to compound the case and the proceedings against the petitioners in C.C.No.57 of 2017, on the file of the learned Judicial Magistrate No.I, Virudhachalam, Cuddalore District are quashed.

6.Accordingly, this Criminal Original Petition is allowed. The joint memo of compromise shall form part of this order. 20.12.2022 sli Internet:Yes Index:Yes/No Speaking/Non speaking order 3/4

G.CHANDRASEKHARAN, J.

sli To:

1.The Inspector of Police, Viruthachalam Police Station, Cuddalore District.

(Crime No.95 of 2015) 2.The Public Prosecutor, High Court of Madras.

Crl.O.P. No.30145 of 2022 20.12.2022 4/4