Senthilbabu v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.04.2023 CORAM :

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.32137 of 2019 and Crl.M.P.Nos.17674 & 17675 of 2019 1.Senthilbabu 2.Guna Souwndhari 3.George Stephen 4.Sridevi ... Petitioners

Versus

1.The State Rep.by:

The Inspector of Police, Thudiyalur Police Station, Coimbatore District.

(Crime No.77 of 2016) 2.V.Subbaian ... Respondents Prayer: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records relating to the proceedings in C.C.No.1827 of 2019 on the file of the Judicial Magistrate - I and to quash the same. (C.C.No. Amended as per order in Crl.M.P.No.1629 of 2020 in Crl.O.P.No.32137 of 2019 dated 10.02.2020.

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For Petitioners : Mr.A.Saranraj For R1 : Mr.A.Damodaran Additional Public Prosecutor For R2 : Mr.R.Bharathkumar

ORDER

This Criminal Original Petition has been filed seeking to quash the proceedings in C.C.No.1827 of 2019 on the file of the Judicial Magistrate - I, Coimbatore.

2.Today, when the matter is taken up for hearing, the learned counsel on either side submitted that parties have entered into a compromise and since the 2nd respondent died on 23.07.2020, LW-2 / Santhi, daughter of the second respondent has decided to withdraw the allegations in the impugned Final Report and prayed for quashing of the proceedings in C.C.No.1827 of 2019 on the basis of the Joint Compromise Memo.

3.Today, all the four accused and LW-2 / daughter of the 2nd respondent appeared through video conferencing. It is reported that all of 2/5

them appeared before Mr.S.Rathina Kumar, Inspector of Police, Thudiyalur Circle, Coimbatore, yesterday and informed him about the compromise between them. Their identity was also confirmed by the Inspector of Police.

4.The parties have signed the Joint Memo of Compromise dated 19.04.2023 along with the learned counsel for the petitioner, and it is taken on record. In view of the compromise, no useful purpose would be served in keeping the proceedings pending in C.C.No.1827 of 2019 on the file of the Judicial Magistrate - I, Coimbatore. Hence, the impugned Final Report is quashed.

5.With the above observations, this Criminal Original Petition is allowed. Consequently, connected Criminal Miscellaneous Petitions are closed.

27.04.2023 smv Index: Yes/No Speaking Order / Non-Speaking Order 3/5

To 1.The Inspector of Police, Thudiyalur Police Station, Coimbatore District.

2.The Judicial Magistrate No.I, Coimbatore.

3.The Public Prosecutor High Court of Madras Chennai - 600 104.

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SUNDER MOHAN, J smv Crl.O.P.No.32137 of 2019 and Crl.M.P.Nos.17674 & 17675 of 2019 27.04.2023 5/5