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Madras High CourtCRL OP(MD)/2204/2021allowed

J.Mohideen Pitchai.J. v. The Inspector Of Police

2021-03-02Honourable Mrs Justice R. Hemalatha2 pages

Crl.O.P.(MD)No.2204 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.03.2021 CORAM :

THE HONOURABLE Mrs.JUSTICE R.HEMALATHA Crl.O.P.(MD)No.2204 of 2021 J.Mohideen Pichai

...Petitioner

/Vs./ 1.The State represented by The Inspector of Police, Tenkasi Police Station, Tirunelveli.

(Crime No.314 of 2019) 2.Murugan

...Respondents

Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in C.C.No.153 of 2020 on the file of the Judicial Magistrate, Tenkasi and quash the same.

For Petitioner : Mr.A.Sivasubramanian For Respondent No.1 : Mr.R.Erottuchamy Government Advocate (Criminal side)

ORDER

This petition has been filed seeking to quash the proceedings in C.C.No.153 of 2020 on the file of the learned Judicial Magistrate, Tenkasi, on the basis of a joint compromise memo filed by the petitioner and the second respondent.

2.The contention of the petitioner is that based on the complaint lodged by the second respondent, the first respondent registered First Information Report in Crime No.314 of 2019 for the offences punishable under Sections 341, 294(b), 323 and 506 (ii) of the Indian Penal Code against the petitioner. 3.The further contention of the petitioner is that he wants to compromise the issue between him and the second respondent amicably. A joint memo of compromise is filed, which has been duly signed by the petitioner and the second respondent and also by their respective counsels.

4.The petitioner and the second respondent appeared in person before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Government https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.2204 of 2021 Advocate and MrG.Murugesan, Inspector of Police, Tenkasi Police Station. Both the parties to compromise 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 petitioner and also in view of the joint compromise memo, dated 02.03.2021, this Court is of the opinion that no useful purpose would be served by keeping the matter pending.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.153 of 2020 on the file of the learned Judicial Magistrate, Tenkasi is hereby quashed in respect of the petitioner and the terms of joint compromise memo shall form part of this order.

Sd/- Assistant Registrar (AD II) // True Copy // / /2021 Sub Assistant Registrar(CS) sm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. ENCL : Xerox copy of Joint Compromise Memo.

To 1.The Judicial Magistrate, Tenkasi.

2.The Inspector of Police, Tenkasi Police Station, Tirunelveli.

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

Crl.O.P.(MD)No.2204 of 2021 02.03.2021 KG(CO) KK(16.03.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2