Madras High CourtCRL OP(MD)/2635/2021allowed

R.Prakash @ Jeyaprakash Narayanan v. The Inspector Of Police

2021-11-01Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P(MD)No.2635 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G. ILANGOVAN Crl.O.P(MD)No.2635 of 2021 R.Prakash @ Jeyaprakash Narayanan .. Petitioner/ Accused No.8 Vs 1.State represented by The Inspector of Police, Kenikarai Police Station, Ramanathapuram District.

In crime No.526/1999 ..1st Respondent/Complainant 2.Kamatchi .. 2nd Respondent / Defacto Complainant 3.Depakaran ..3rd Respondent/ Victim PRAYER: Petition filed under Section 482 of Code of Criminal Procedure, to call for records relating to the charge sheet in PRC No.11 of 2017 on the file of the Judicial Magistrate Court No.II, Ramanathapuram and quash the same insofar as the petitioner is concerned.

For Petitioners : Mr.C.Susikumar For R1 : Mr.K.Sanjai Gandhi Government Advocate For R2 & R3 : R.Maheshwaran

O R D E R

This Criminal Original Petition is filed to quash charge sheet in PRC No.11 of 2017 on the file of the Judicial Magistrate Court No.II, Ramanathapuram insofar as the petitioner is concerned. The petitioner is facing charges under Sections 147, 148, 323, 324 and 307 IPC.

2.The second respondent / defacto complainant as well as the petitioner/accused are present before this Court through video conference and they are identified by the respective learned counsel and both the parties have filed joint compromise memo stating that the matters in issue between them has been amicably resolved. It is brought to the notice of this Court that the coaccused has been acquitted after full trial in SC No.32 of 2006, by the Chief Judicial Magistrate Court, Ramanathapuram. The second respondent / defacto complainant is not willing to prosecute the case and therefore would pray for quashing the case. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.2635 of 2021

3. The compromise memo is filed before this Court and the parties are also present at the learned Additional Public Prosecutor office and their identity has also been verified through video conference. Since the matters in issue has been compromised between the parties, no purpose will be served in keeping the case pending further.

4. In the result, by recording the compromise, this Criminal Original Petition is allowed and the proceedings in PRC No.11 of 2017, on the file of the Judicial Magistrate Court No.II, Ramanathapuram is quashed. The joint compromise memo shall form part and parcel of this order.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn 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.

To:- Enclose copy of Joint Compromise Memo.

1.The Judicial Magistrate Court No.II, Ramanathapuram.

2.The Inspector of Police, Kenikarai Police Station, Ramanathapuram District.

In crime No.526/1999 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P(MD)No.2635 of 2021 01.11.2021 RK/NS(22/11/2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2