Mathanraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN

1. Mathanraj

2. Thavamani

3. Karthik

4. Manikanda Moorthi ... Petitioners /Accused No. 1 to 4 Vs.

1.The Inspector of police Aruppukottai Town Police Station, Virudhunagar District (Crime No. 177 / 2021) ... 1st Respondent / Complainant

2. Kumaraiya ... 2nd Respondent / De-fact Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in S.C. No. 25 of 2022 in Crime No. 177 of 2021 on the file of the Learned Judicial Sub Court, Aruppukottai and quash the same.

1/5

For Petitioners : Mr.A. Dharani For R1 : Mr.S. Manikandan Government Advocate (Crl Side) For R2 : Mr.H.Veladhas

ORDER

This Criminal Original Petition has been filed seeking to quash the charge sheet in S.C. No. 25 of 2022 in Crime No. 177 of 2021 on the file of the Learned Judicial Sub Court, Aruppukottai. 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.177 of 2021 for the offences punishable under Sections 294(b), 324 and 307 of IPC @ into 294(b), 324, 326 and 307 of IPC, against the petitioners.

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 Government Advocate(Crl. Side) and 2/5

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, dated 15.03.2023, 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 S.C. No. 25 of 2022 pending, on the file of the Learned Judicial Sub Court, Aruppukottai in respect of the petitioners.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in S.C. No. 25 of 2022 pendning on the file of the Learned Judicial Sub Court, Aruppukottai 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. 28.03.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No tta 3/5

To 1.The Inspector of police Aruppukottai Town Police Station, Virudhunagar District.

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

4/5

G.ILANGOVAN,J tta Order made in Dated : 28.03.2023 5/5