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Madras High CourtCRL OP(MD)/430/2023allowed

Ramachandran v. The Inspector Of Police

2023-03-17Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.430 of 2023 Ramachandran ... Petitioner/Accused No.3 Vs.

1.The Stat rep. by The Inspector of Police, Koodankulam Police station, Tirunelveli District.

(Crime No.70 of 2016) .. 1st Respondent/Complainant 2.Palpandi (Died) ... 2nd Respondent/Defacto Complainant 3.Selva Muruganantham ... 3rd Respondent/Son of the Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the entire records pertaining to the case in C.C.No.1171 of 2020, pending on the file of the learned Judicial Magistrate, Radhapuram, Tirunelveli District and quash the same in respect of the petitioner.

For Petitioner : Mr.A.Kesavan For R1 : Mr.S.Manikandan Government Advocate (Crl. side) 1/5

O RDER This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.1171 of 2020 on the file of the learned Judicial Magistrate, Radhapuram, Tirunelveli District. 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.70 of 2016 for the offences punishable under Sections 294(b), 387, 506(i) of IPC.

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. 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. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded.

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5.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 17.03.2023, 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.1171 of 2020 pending on the file of the learned Judicial Magistrate, Radhapuram, Tirunelveli District in respect of the petitioners.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.1171 of 2020, pending on the file of the learned Judicial Magistrate, Radhapuram, Tirunelveli District 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. 17.03.2023 Index : Yes/No Internet : Yes/No TM To 1.The Judicial Magistrate, Radhapuram, Tirunelveli District. 3/5

2.The Inspector of Police, Thallakulam All Women Police Station, Madurai City.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN. J.

TM 17.03.2023 5/5