Rajagopal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.12.2015

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN Crl.O.P.(MD) No.23464 of 2015 1.Rajagopal 2.Nalla Perumal ... Petitioners Vs.

1.

The State Represented by The Inspector of Police, Vijayanarayanam Police Station, Nanguneri Taluk Tirunelveli District.

2.

Edward Rajan ... Respondents Common Prayer: Petitions filed under Section 482 of Code of Criminal Procedure to call for the entire records in relating to the proceedings in C.C.No.349 of 2009 on the file of the learned Judicial Magistrate, Nanguner and quash the same in so far as the petitioners are concerned. For Petitioner :

Mr.M.S.Jeyakarthik For R1 :

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

Mr.S.Angappan ******

O R D E R

The petition has been filed seeking to quash the proceedings in C.C.No.349 of 2009 on the file of the Judicial Magistrate, Nanguneri, pursuant to amicable settlement effected between the parties.

2. It is seen that a case in C.C.No.349 of 2009 for the alleged offences under Sections 147, 148, 323, 324 and 506(ii) IPC, has been registered against the petitioners / Accused.

3. When the matters is taken up for hearing, the petitioners/Accused and the second respondent, 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 filed two separate memos of compromise duly 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 in C.C.No.349 of 2009 pending on the file of the Judicial Magistrate, Nanguneri.

5. Considering the nature of allegations and also considering the memo of compromise, this Court is of the opinion that no useful purpose would be served in keeping the matter pending. Therefore, the entire proceedings in C.C.No.349 of 2009 on the file of the Judicial Magistrate in respect of the petitioners / accused alone, is hereby quashed.

6. Accordingly, the Criminal Original Petition is allowed on the basis of the compromise entered into between the parties. The joint compromise memos shall form part of this order. Sd/- Assistant Registrar (Crl.Side) Encl : Joint Compromise Memo Xerox /True Copy/ Sub Assistant Registrar RR To:

1.

The Inspector of Police, Vijayanarayanam Police Station, Nanguneri Taluk Tirunelveli District.

2.

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

+1CC to Mr.M.S.Jeyakarthik Advocate Sr.No.70688 GJM/SK/SKN/30.12.2015-2P-4C Crl.O.P.(MD)No.23464 of 2015 09.12.2015 https://hcservices.ecourts.gov.in/hcservices/