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Madras High CourtCRL OP(MD)/3784/2023allowed

Sudhagaran.T v. The Inspector Of Police

2023-04-21Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2023 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN In Crl.O.P(MD)No.3784 of 2023:

1.Sudhagaran 2.Perumal 3.Sankara Narayanan 4.Vengatesh K. @ Kannan ... Petitioners/Accused 1 to 4 Vs.

1.State Represented through the Inspector of Police, (In Crime No.721 of 2021) ..1st Respondent/Complainant 2.Aravindh ...2nd Respondent/Defacto complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records relating to the impugned First information report in Crime No.721/2021 on the file of the 1st respondent and quash the same as illegal.

For Petitioners : Mr.R.Karunanidhi For R1 : Mr.R.Suresh Kumar Government Advocate(Crl.side) For R2 : Mr.Simson 1/5

In Crl.O.P(MD)No.3800 of 2023:

1.Aravindh. M 2.Lakshmanan C.

3.Palinisamy.S.

... Petitioners/Accused 1 to 3 Vs.

1.State Represented through the Inspector of Police, (In Crime No.722 of 2021) ..1st Respondent/Complainant 2.Perumal ...2nd Respondent/Defacto complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records relating to the impugned First information report in Crime No.722/2021 on the file of the 1st respondent and quash the same as illegal.

For Petitioners : Mr.S.Simson For R1 : Mr.R.Suresh Kumar Government Advocate(Crl.side) For R2 : Mr.R.Karunanidhi C O M M O N O R D E R These petitions have been filed seeking to quash the impugned FIRs in Crime Nos.721 and 722 of 2021 on the file of the 1st respondent police. 2.The contention of the petitioners is that based on the complaints lodged before the 1st respondent, the First Information Reports have been registered in Crime Nos.721 and 722 of 2021 for the offences punishable 2/5

under Sections 294(b), 324 and 506(2) IPC against the accused. 3.The further contention of the petitioners is that they compromised the issue among them amicably. Separate joint memos of compromise were filed, which have been duly signed by the respective parties and also by their respective counsels.

4. The parties 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 the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memos are 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 memos, dated 01.03.2023, this Court is of the opinion that no useful purpose will be served by keeping the matters pending and inclined to quash all further proceedings in Crime Nos.721 and 722 of 2021 pending on the file of the 1st respondent police in respect of these petitioners. 3/5

6.In the result, the Criminal Original Petitions stand allowed and the entire proceedings in Crime Nos.721 and 722 of 2021, pending on the file of the 1st respondent police are hereby quashed in respect of the petitioners. The compromise memos are recorded and the terms of joint compromise memos shall form part of this common order.

21.04.2023 Index : Yes/No Internet:Yes/No tta/CM To

1. Inspector of Police, (In Crime Nos.721 and 722 of 2021) 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN, J., tta 21.04.2023 5/5