Madras High CourtCRL OP(MD)/11526/2015allowed

Durai Raj v. The Inspector Of Police

2015-06-24Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Criminal Original Petition (MD) No.11526 of 2015 Durai Raj ... Petitioner/Accused Vs.

1. State represented by the Inspector of Police, Kottikodu Police Station, Kanyakumari District.

(Crime No.15 of 2011).

...1st Respondent/Complainant

2. Sahayaraj ... 2nd Respondent/Defacto Complainant PRAYER: This Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records relating to the proceedings in C.C.No.264 of 2011 on the file of the learned Judicial Magistrate, Padmanabhapuram and quash the same.

For Petitioner : Mr.K.P.Narayanakumar For R1 : Mrs.S.Prabha Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition is filed to call for the records relating to the proceedings in C.C.No.264 of 2011 on the file of the learned Judicial Magistrate, Padmanabhapuram and quash the same.

2. The petitioner is arrayed as accused in C.C.No.264 of 2011 pending on the file of the learned Judicial Magistrate, Padmanabhapuram for the alleged offences under Sections 294(b), 323 and 506(i) of I.P.C.

3. When the matter is taken up today for hearing, a joint compromise memo dated 22.06.2015 has been filed by the petitioner and the second respondent duly signed by them and in the Mediation Centre, both parties agreed to settle the issue and the petitioner is agreed to withdraw the Crl.R.C.No.13 of 2015 pending before this Court and the second respondent/de-facto complainant also agreed to withdraw the complaint and the de-fefaco complainant has no objection to quash the charge sheet.

4. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side).

5. Considering the facts and circumstances of the case and also considering the relevant materials including the compromise memo filed, this Court is of the view that this is a fit case to quash the charge sheet in C.C.No.264 of 2011 pending on the file of learned Judicial https://hcservices.ecourts.gov.in/hcservices/

Magistrate, Padmanabhapuram. Accordingly, the Criminal Original Petition is allowed and the charge sheet in C.C.No.264 of 2011 pending on the file of learned Judicial Magistrate, Padmanabhapuram is hereby quashed. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate, Padmanabhapuram.

2. The Inspector of Police, Kottikodu Police Station, Kanyakumari District.

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

Akv SR : 15.07.2015 : 2p/4c Crl.O.P(MD).No.11526 of 2015 24.06.2015 https://hcservices.ecourts.gov.in/hcservices/