Suman v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Suman

...Petitioners / Accused No 4

Vs.

1. State through by The Inspector of Police, Kallal Police Station, Sivagangai District.

(Crime No.190/2018) ...1st Respondent/ Complainant

2. Rajkamal ...2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for records relating to the charge sheet in (*) C.C.No.1018/2023 on the file of Judicial Magistrate Court, Karaikudi and QUASH the same against the Petitioner.

For Petitioners : Mr. Susi Kumar.C For R1 : Mr.B.Nambiselvan Additional Public Prosecutor For R2 : Mr.S.Saravanan

ORDER

This Criminal Original Petition has been filed seeking to quash the charge 1/4

sheet in (*) C.C.No.1018 of 2023 on the file of the learned Judicial Magistrate, Karaikudi.

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.190 of 2018 for the offences punishable under Sections 341, 294(b), 323 of IPC, against the petitioners. It appears that there is a small issue between the parties. 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.

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 Additional Public Prosecutor and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded.

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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 09.03.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending and inclined to quash all further proceedings in (*) C.C.No.1018 of 2023 pending on the file of the learned Judicial Magistrate, Karaikudi in respect of the petitioners.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in (*) C.C.No.1018 of 2023, pending on the file of the learned Judicial Magistrate, Karaikudi is hereby quashed in respect of the petitioners alone. The compromise memo is recorded and the terms of joint compromise memo shall form part of this order.

Sd/- Assistant Registrar(CO) (*)Amended as per the order of this Court dated 28.02.2024 made in Crl.MP(MD)No.2125 of 2024 in Crl.O.P.(MD).No.2482 of 2023 Sd/- Assistant Registrar(CO) // True Copy // /03/2024 Sub Assistant Registrar(CS) TM 3/4

Enclosed herewith Copy of the Joint Compromise Memo To (*)To be substituted to the order already despatched on 28/04/2023 1.The Judicial Magistrate, Karaikudi.

2. The Inspector of Police, Kallal Police Station, Sivagangai District.

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

+1 CC to M/s.C.SUSI KUMAR, Advocate ( SR-8870[F] dated 01/03/2024 ) 10.03.2023 KB(25.04.2023) 4P 4C RD(14/03/2024) 4 P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4