Madras High CourtCRL OP(MD)/23125/2015allowed

P. Muthuraj v. The Sub Inspector Of Police

2015-12-07Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.12.2015

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN Crl.O.P.(MD) No.23125 of 2015 1.Muthuraj 2.Raj @ Muthukrishnan 3.P.Kumaran ... Petitioners/A1 to A3 Vs.

1.The State Rep.by The Sub-Inspector of Police, Ambasamudram Police Station, Ambasamudram Taluk, Tirunelveli District.

... 1st Respondent / Complainant 2.Andi ... 2nd Respondent / Defacto complainant Prayer: Petition filed under Section 482 of Code of Criminal Procedure praying to call for the records connected with the case in S.T.C.No.(*) 764 of 2015 on the file of the Judicial Magistrate, Ambasamuthiram and quash the same as illegal.

For Petitioners :

Mr.R.Alagumani For R1 :

Mrs.S.Prabha Govt. Advocate (Crl.Side) For R2 :

Mr.L.M.Vijay Boominathan

O R D E R

This petition has been filed seeking to quash the proceedings in S.T.C.No.(*)764 of 2015, on the file of the Judicial Magistrate, Ambasamuthiram.

2. It is seen that a case in Crime No. 303 of 2014 has been registered against the petitioners, for the offences under Sections 294 (b) and 323 of IPC.

3. When the matter is taken up for hearing, the petitioners/Accused and the second respondent/defacto complainant, have appeared in persons and their identifications were also verified by this Court, in addition to the confirmation of the parties by the Government Advocate (Crl.Side) through the respondent Police.

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4. The counsel appearing on either side would submit that a Compromise Memo has been filed stating that, since the parties have arrived at an amicable settlement by way of compromise among themselves, the second respondent has agreed to withdraw the above case.

5. Considering the nature of allegations and also considering the Compromise Memo, this Court is of the opinion that no useful purpose would be served in keeping this matter pending. Therefore, the proceeding in S.T.C.No.(*)764 of 2015, on the file of the Judicial Magistrate, Ambasamuthiram, in so far as the petitioners are concerned, is hereby quashed.

6. Accordingly, the Criminal Original Petition is allowed on the basis of the compromise entered into between the parties. The compromise memo shall form part of this order.

Sd/- Assistant Registrar (RTI) * cause title amended as per order dated 25/04/2016 in MP(MD)No.3518/2016 in CRL OP(MD)No.23125/2015 Sd/- Assistant Registrar (CS-II) /True copy/ Sub Assistant Registrar MPK To To be substituted in the order already despatched on 25.01.2016 1 The Judicial Magistrate, Ambasamudram, Tirunelveli 2 The Sub-Inspector of Police, Ambasamudram Policce Station, Ambasamudram Taluk, Tirunelveli District.

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

JAM/NGM-SS/18.01/2016/2P-5C GJM/AN/MP/5.5.16-2P-4C Crl.O.P.(MD) No.23125 of 2015 07.12.2015 https://hcservices.ecourts.gov.in/hcservices/