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Madras High CourtCRL OP(MD)/700/2023allowed

Veerappan v. The Inspector Of Police

2023-04-05Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and Crl.M.P(MD) No.643 of 2023 1.Veerappan 2.Muthaiyan 3.Marthupandian 4.Kannan ... Petitioners/Accused 1-4 Vs.

1.State Represented by The Inspector of Police, Natham Police Station, Dindigul District.

... 1st Respondent/Complainant

2. Raja ...2nd Respondent / De-facto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records relating to the Criminal Proceedings in Crime No.451 of 2022, on the file of the Natham Police Station, Dindigul District and quash the same. 1/5

For Petitioners : Mr.S.Arjun For R1 : Mr.S.Manikandan Government Advocate (Crl.Side) For R2 : Mr.B.Vinoth Kumar

ORDER

This Criminal Original Petition has been filed to call for the records relating to the Criminal Proceedings in Crime No.451 of 2022, on the file of the first respondent Police.

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.451 of 2022 for the offences punishable under Section 363 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. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded.

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 24.01.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in Crime No.451 of 2022 pending on the file of the 1st respondent police is quashed and the compromise memo is recorded. 3/5

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.451 of 2022, pending on the file of the 1st respondent police is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order. Consequently, connected Miscellaneous Petition is closed. 05.04.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Indu To 1.The Inspector of Police, Natham Police Station, Dindigul District.

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

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G.ILANGOVAN ,J.

Indu Order made in Dated: 05.04.2023 5/5