A.Poomariselvam v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2024
CORAM
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) Nos.1776 & 1777 of 2024 CRL.O.P (MD) No.1776 of 2024 A.Poomariselvam
...Petitioner
Vs.
1. The Inspector of Police Karimedu Police Station, Madurai City, Madurai District.
Crime No.834 of 2023.
2. Ganapathy Ammal ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to call for the records connected to the final report in filing No. CCTN.202300002620202400009, on the file of the learned Judicial Magistrate No.V, Madurai.
CRL.O.P (MD) No.1777 of 2024 A.Poomariselvam
...Petitioner
Vs.
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1. The Inspector of Police Karimedu Police Station, Madurai City, Madurai District.
Crime No.1096 of 2020.
2. Ganapathy Ammal ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to call for the records connected to the charge sheet in C.C.No.58 of 2024, on the file of the learned Judicial Magistrate No.V, Madurai. (In both Crl.O.Ps) For Petitioner : Mr.R.Karunanidhi For R1 : Mr.B.Thanga Aravindh Government Advocate (Crl.side) For R2 : Ms.M.Lavanya ***** COMMON ORDER Crl.O.P.(MD)No.1776 of 2024 had been filed by the Petitioner to quash the final report in filing No.CCTN.202300002620202400009, on the file of the learned Judicial Magistrate No.V, Madurai. 2.Crl.O.P.(MD)No.1777 of 2024 had been filed by the Petitioner to quash the Charge Sheet in C.C.No.58 of 2024 pending on the file of the learned Judicial Magistrate No.V, Madurai.
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3.Mr.R.Karunanidhi, learned Counsel [Enrl.No.2919/2018], who had filed vakalat on behalf of the Petitioner/Accused in both Criminal Original Petitions, Mr.M.Veeranthiran, learned Government Advocate (Crl.side) appearing on behalf of the first Respondent in both cases and Ms.M.Lavanya, learned Counsel (Enrl.No.1583/2021], who had filed vakalat on behalf of the second Respondent in both Criminal Original Petitions are present in Court.
4.The learned Counsel for the Petitioner in both Criminal Original Petitions submitted that the Petitioner is arraigned as A1 in CCTN. 202300002620202400009 and C.C.No.58 of 2024 on the file of the learned Judicial Magistrate No.V, Madurai. Pending investigation, the Petitioner/Accused No.1 and the de-facto Complainant had arrived at an amicable settlement. Joint compromise memos have also been filed before this Court by the learned Counsel for the Petitioner and the learned Counsel for the second Respondent/de-facto Complainant. 5.The learned Government Advocate (crl.side), on instructions from 3/7
the first Respondent, submitted that the compromise arrived at between the parties is bona fide.
6.The first Respondent had also filed a status report, in which, it is stated that during the pendency of these Petitions, the accused and the defacto Complainant had arrived at an amicable settlement. 7.In the light of the status report filed by the first Respondent, the joint compromise memo filed by the parties concerned is recorded. Accordingly, these Criminal Original Petitions are allowed. 7.1.The Final report in filing No.CCTN.202300002620202400009, on the file of the learned Judicial Magistrate No.V, Madurai is hereby quashed in so far as the Petitioner is concerned. 7.2.The final report in C.C.No.58 of 2024, on the file of the learned Judicial Magistrate No.V, Madurai, is hereby quashed in so far as the Petitioner is concerned.
Internet :Yes./No Index :Yes/No 01.03.2024 NCC :Yes/No LS 4/7
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To 1.The Judicial Magistrate No.V, Madurai.
2.The Inspector of Police Karimedu Police Station, Madurai City, Madurai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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SATHI KUMAR SUKUMARA KURUP , J.
LS CRL.O.P (MD) Nos.1776 and 1777 of 2024 01.03.2024 7/7