Madras High CourtCRL OP(MD)/12786/2015disposed of

S.Raja @ Parthiparaja v. The Inspector Of Police

2015-07-31Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.07.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P(MD)No.12786 of 2015 S.Raja @ Parthiparaja ... Petitioner/Accused No.5 -Vs1.The State rep. By The Inspector of Police, Veeravanallur Police Station, Tirunelveli District.

(Crime No.234 of 2011) ... 1st Respondent/Complainant 2.Murugan ... 2nd Respondent/Defacto Complainant PRAYER:- Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 praying to call for the entire records pertaining to the case in P.R.C.No.65 of 2012 pending on the file of the learned Judicial Magistrate, Cheranmahadevi, Tirunelveli District and quash the same.

For Petitioner : Mr.R.Anand For R - 1 : Mr.K.Anbarasan Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to call for the entire records pertaining to the case in P.R.C.No.65 of 2012 pending on the file of the learned Judicial Magistrate, Cheranmahadevi, Tirunelveli District and quash the same.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the first respondent.

3. The petitioner is arrayed as an accused in Crime No.234 of 2011 for the alleged offences under Sections 294(b), 147, 148, 341, 323, 307, 506(ii) read with 149 of the Indian Penal Code and after investigation, the case has been taken on file in P.R.C.No.65 of 2012 on the file of the learned Judicial Magistrate, Cheranmahadevi, Tirunelveli District and seeking to quash the said proceedings, the present petition has been filed.

4. The allegation against the petitioner is that he along with others waylaid the defacto complainant and threatened him apart from attacking.

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5. The learned counsel for the petitioner submitted that there is no injury caused. Apart from that, a joint memo of compromise has been filed by both parties stating that there is no necessity to proceed further and the same has also been signed by both the parties.

6. The defacto complainant, who is present before this Court, also reiterates the same.

7. Considering the same and also after going through the relevant records, this Court is inclined to quash the proceedings.

8. Accordingly, this Criminal Original Petition is allowed and the proceedings in P.R.C.No.65 of 2012 on the file of the learned Judicial Magistrate, Cheranmahadevi, Tirunelveli District is quashed. The said joint memo of compromise is taken on record. Sd/- Assistant Registrar(Writs) /True copy/ Sub Assistant Registrar ps To 1.The Judicial Magistrate, Cheranmahadevi, Tirunelveli District.

2.Do through The chief Judicial Magistrate, Tirunelveli District. 3.The Inspector of Police, Veeravanallur Police Station, Tirunelveli District.

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

Crl.O.P(MD)No.12786 of 2015 31.07.2015 csl/SK/SAR-II/21.08.2015 2p/5c https://hcservices.ecourts.gov.in/hcservices/