S.Manikanda Narayanasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and Crl.M.P(MD).No.2508 of 2023

1. S. Manikanda Narayanasamy

2. R. Vijayakannan

3. S. Rajagopal

4. M. Saravanakumar ... Petitioners / Accused No. 1 to 4 Vs.

1. Inspector of police Kallikudi Police Station, Madurai District.

(Crime No. 56 of 2014) ... 1st Respondent / Complainant

2. Nagarathinam ... 2nd Respondent / Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records connected with the charge sheet in C.C. No. 748 of 2022 pending on the file of the Learned Judicial Magistrate, Thirumangalam, Madurai District quash the same. 1/5

For Petitioners : Mr.I. Robert Chandrakumar For R1 : Mr.B. Nambiselvan Addl Public Prosecutor For R2 : Mr.B.Ravindran

ORDER

This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C. No. 748 of 2022 pending on the file of the Learned Judicial Magistrate, Thirumangalam, Madurai District. 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.56 of 2014 for the offences punishable under Sections 294(b), 323, 506(i) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2022. 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. 2/5

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.

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, 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. 748 of 2022 pending on the file of the Learned Judicial Magistrate, Thirumangalam, Madurai District, in respect of the petitioners.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C. No. 748 of 2022 pending on the file of the Learned Judicial Magistrate, Thirumangalam, Madurai District, is hereby quashed in respect of the petitioners alone. The compromise memo is 3/5

recorded and the terms of joint compromise memo shall form part of this order. Consequently, the connected criminal miscellaneous petition is closed.

23.03.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No tta To 1.The Judicial Magistrate, Thirumangalam, Madurai District.

2. Inspector of police Kallikudi Police Station, Madurai District.

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

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G.ILANGOVAN,J tta Order made in Dated : 23.03.2023 5/5