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Madras High CourtCRL OP/30329/2022allowed

Pandurengan v. State Rep By

2022-12-08Honourable Mr Justice G. Chandrasekharan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.12.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN 1.Pandurengan 2.Kavitha 3.Muthusamy ...

Petitioners in Crl.O.P.No.30329 of 2022 1.Pushparaj 2.Anandhanayagi @ Anandi 3.Pushparaj 4.Sowmiya 5.Vijaya 6.Ajith 7.Sekar ...

Petitioners in Crl.O.P.No.30331 of 2022 Vs.

1.State Rep by, Inspector of Police, Crime No.54 of 2021.

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2.Anandhanayagi ... Respondents in Crl.O.P.No.30329 of 2022 1.State Rep by, Inspector of Police, Crime No.55 of 2021.

2.Muthusamy ... Respondents in Crl.O.P.No.30331 of 2022 COMMON PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to consider petitioners affidavit and quash the Crime Nos.54 & 55 of 2021 pending before the 1st respondent. In both Crl.O.Ps For Petitioners : Mr. T.Meganathan For Respondents : Mr.S.Santhosh Government Advocate (Crl. Side) COMMON ORDER Crl.O.P.No.30329 of 2022 is filed to consider the petitioners affidavit and quash the Crime No.54 of 2021, pending before the 1st respondent. Crl.O.P.No.30331 of 2022 is filed to consider the petitioners affidavit and quash the Crime No.55 of 2021, pending before the 1st respondent. 2.FIR in Crime No.54 of 2021 was registered on 21.03.2021, for the offences under Sections 147, 148, 447 294 (b) 324 506 (2) IPC and Section 4 2/6

of the TN Prohibition of Harassment of Women Act, 2002, on the file of the Ramanatham Police Station, on the complaint given by Anandhanayagi against the accused. Similarly, FIR in Crime No.55 of 2021 was registered on 21.03.2021, for the offences under Sections 147, 148, 447 294 (b) 324, 506

(2) IPC and Section 4 of the TN Prohibition of Harassment of Women Act, 2002, on the file of Ramanatham Police Station, on the complaint given by Muthusamy against the accused.

3.When these matters are taken up, the defacto complainants and accused in these cases have individually filed the joint memo of compromise stating that they have resolved the dispute between them and they do not want to prosecute each other.

4.The defacto complainants and accused in both cases are present and they are enquired about the joint memo of compromise filed in these cases. They also confirmed the filing of the joint memo of compromise and stated that they had resolved their dispute and want to have peaceful and friendly life hereafter. They also have no objection for quashing the proceedings against the petitioners in both cases. The respondent police has also identified the parties.

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5.It appears from the allegations made in the FIR that due to the boundary dispute, both parties have engaged in physical assault, of course, not serious and that resulted in registering complaint against each others. 6.Taking into consideration of the fact that the parties have resolved the dispute between them and that to facilitate peaceful and friendly relationship between both parties, this Court is inclined to allow these petitions and quash the proceedings in Crime Nos.54 & 55 of 2021 against the petitioners. Accordingly, these Criminal Original Petitions are allowed and the proceedings against the petitioners in Crime Nos.54 & 55 of 2021, on the file of the respondent police are quashed. The joint memo of compromise shall form part of this order.

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To:

1.The Inspector of Police, 2.The Public Prosecutor, High Court of Madras.

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G.CHANDRASEKHARAN, J.

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