Gunal @ Sethuraman v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2023
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN Gunal @ Sethuraman : Petitioner/Accused Vs.
1.The Inspector of Police, Thiruppullani Police Station, Ramanathapuram District.
: Respondent/Complainant 2.Arulraja : Respondent/Defecto Complainant PRAYER : Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to CC.No.16 of 2018 on the file of the learned Judicial Magistrate No.I, Ramanathapuram, Ramanathapuram District and quash the proceedings against the petitioner as illegal.
For Petitioner : Mr.B.Mahendrarajan For Respondents : Mr.P.Ponraj (for R2) Mr.S.Manikandan (for R1) Government Advocate (Crl.side) ORDE R This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.16 of 2018 on the file of the learned Judicial Magistrate No.I, Ramanathapuram, Ramanathapuram District. 1/6
2.The contention of the petitioner is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.156 of 2016 for the offences punishable under Sections 341, 294(b), 324 and 506(ii) of IPC, against the petitioner. It appears that there is a small issue between the parties. 3.The further contention of the petitioner is that he compromised the issue with the 2nd respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioner and the 2nd respondent and also by their respective counsels. 4.The petitioner 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 petitioner and also in view of the joint 2/6
compromise memo, dated 09.02.2023, 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.16 of 2018 pending on the file of the learned Judicial Magistrate No.I, Ramanathapuram, Ramanathapuram District, in respect of the petitioner. 6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.16 of 2018, pending on the file of the learned Judicial Magistrate No.I, Ramanathapuram, Ramanathapuram District, is hereby quashed in respect of the petitioner alone. The compromise memo is recorded and the terms of joint compromise memo shall form part of this order.
27.03.2023 Index : Yes/No Internet : Yes/No Rmk To 1.The Judicial Magistrate No.I, Ramanathapuram, Ramanathapuram District.
2.The Inspector of Police, Thiruppullani Police Station, Ramanathapuram District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
3/6
G.ILANGOVAN ,J., Rmk 27.03.2023 4/6