Arun Arasu v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2024 CORAM :

THE HON'BLE MR JUSTICE A.A.NAKKIRAN Crl.O.P(MD)No.3083 of 2021 and Crl.MP(MD)No.1673 of 2021 Mr.Arun Arasu ... Petitioner / Sole Accused Vs.

1.The State represented by The Sub-Inspector of Police, South Thamaraikulam Police Station, South Thamaraikulam, Kanyakumari District.

(Crime No.41 of 2020) ... 1st Respondent / Complainant 2.Mr.Balamurali ... 2nd Respondent / Defacto Complainant PRAYER:- Petition filed under Section 482 Cr.P.C., to call for the records relating to the charge sheet in C.C.No.581 of 2020 on the file of the learned Judicial Magistrate No.III, Nagercoil, Kanyakumari District and quash the same as illegal.

For Petitioner : Mr.G.Anto Prince For R1 : Mr.R.M.Anbunithi Additional Public Prosecutor For R2 : Mr.M.P.Senthil 1/4

O R D E R

This criminal original petition has been filed to quash the impugned charge sheet in C.C.No.581 of 2020 on the file of the learned Judicial Magistrate No.III, Nagercoil, Kanyakumari District. 2.Earlier, this Court, by the order dated 19.04.2021 referred this matter to the Mediation and Conciliation Centre attached to this Bench for settlement.

3.Today, when the matter is taken up for hearing, it is represented that the matter has been amicably settled before the Mediation and Conciliation Centre attached to this Bench and a report is filed to that effect.

4.A perusal of the said report would reveal that both appellant and the respondent appeared and signed before the Mediator and the learned counsel for both sides also counter-signed in the Mediation Report. The operative portion of the Mediation Report dated 14.06.2024, is extracted hereunder:- "6. The following settlement has been arrived between the parties hereto:

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Both the petitioner/sole Accused and the 2nd respondent / defacto complainant agrees to compromise the case and the 2nd respondent / defacto complainant agrees to withdraw his case against the petitioner / accused in Crime No.41 / 2020 in C.C.No.581 / 2020 which is one file of the learned Judicial Magistrate No.III, Nagercoil, Kanyakumari District.

7.By signing this agreement the parties hereto state that they have no further claims or demands against each other with respect Crl.OP(MD)No. 3083 / 2021 and all disputes and differences in this regard that have been amicably settled by the parties hereto through the process of Mediation."

5.Recording the above said report, this Criminal Original Petition is closed. The said Report, dated 14.06.2024 shall form part of this Judgment. Consequently, connected miscellaneous petition is also closed. 27.06.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No dss 3/4

A.A.NAKKIRAN, J.

dss To 1.The Judicial Magistrate No.III, Nagercoil, Kanyakumari District.

2. The Sub-Inspector of Police, South Thamaraikulam Police Station, South Thamaraikulam, Kanyakumari District.

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

Crl.O.P(MD)No.3083 of 2021 and Crl.MP(MD)No.1673 of 2021 27.06.2024 4/4