Alagarsamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.ILANGOVAN and Crl.MP(MD)No.190 of 2023

1. Alagarsamy

2. Chandra Devi

3. Rajendran

4. Murugesan ... Petitioners Vs

1. The Inspector of Police, District Crime Branch,CBCID, Madurai.(Crime No.32 of 2020).

2. Pugalendiran ... Respondents * PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court, calling the records pertaining to C.C.No.7 of 2023, pending on the file of learned Judge, Special Court for Exclusive Trial of Land Grabbing Cases II, Madurai and quash the same as against this petitioners.

*Prayer amended as per order of this Court, dated 28.06.2023 1/5

For Petitioners : M/s.Samy K.K., For R1 : Mr.S.Manikandan, Government Advocate (Crl.Side) For R2 : Mr.K.Ramanathan

ORDER

This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.7 of 2023 on the file of the learned Judge, Special Court for Exclusive Trial of Land Grabbing Cases II, Madurai . 2.The contention of the petitioners is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.32 of 2020 for the offences punishable under Sections 465, 467, 468, 471 and 120(b) of IPC against the petitioners. 3.The further contention of the petitioners is that they compromised the issue with the 2nd respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the 2nd respondent and also by their respective counsels. 2/5

4.The petitioners and the 2nd respondent appeared before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Government Advocate (Crl.Side) and the Investigation Officer.

5.Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded. 6.Considering the totality of the circumstances, the nature of the allegations levelled against the petitioners and also in view of the joint compromise memo, dated 23.06.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending and inclined to quash all further proceedings in C.C.No.7 of 2023 pending on the file of the learned Judge, Special Court for Exclusive Trial of Land Grabbing Cases II, Madurai in respect of the petitioners.

7.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.7 of 2023, pending on the file of the learned Judge, Special Court for Exclusive Trial of Land Grabbing Cases II, Madurai 3/5

is hereby quashed in respect of the petitioners alone. The compromise memo is recorded and the terms of joint compromise memo shall form part of this order. Consequently, connected miscellaneous petition is closed. 8.In view of order passed in Crl.M.P(MD)No.9360 of 2023, Registry is directed to make necessary amendment before issuing order copy. 28.06.2023 NCS : Yes/No Index : Yes / No Internet: Yes/ No PNM To

1. The Judge, Special Court for Exclusive Trial of Land Grabbing Cases II, Madurai.

2. The Inspector of Police, District Crime Branch,CBCID, Madurai.(Crime No.32 of 2020).

3. The Government Advocate (Crl.Side), Madurai Bench of Madras High Court, Madurai.

4/5

G.ILANGOVAN, J.

PNM ORDER IN 28.06.2023 5/5