Madras High CourtCRL OP(MD)/3801/2023allowed

Karunakaran v. The Inspector Of Police

2023-04-20Honourable Mr Justice G.Ilangovan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.04.2023 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)Nos.3801 of 2023, 17070 and 13200 of 2022 and Crl.M.P(MD)Nos.8411 and 11466 of 2022 In Crl.O.P(MD)No.3801 of 2023:

1.Karunakaran 2.Vanitha 3.Raja ... Petitioners/Accused 1 to 3 Vs.

1.The Inspector of Police, (In Crime No.37 of 2020) ..1st Respondent/Complainant 2.Albert ...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.37/2020 on the file of the 1st respondent and quash the same as illegal.

: Mr.S.Saravana Kumar : M/s.R.Chinna Ponnu In Crl.O.P(MD)No.17070 of 2022:

1.Thanislaas 1/6

2.Arockiyasamy 3.Lawrance Paul ... Petitioners/Accused 1 to 3 Vs.

1.The State Represented through the Inspector of Police, (In Crime No.496 of 2020) ..1st Respondent/Complainant 2.Albert ...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 Charge Sheet in C.C.No.214 of 2020 on the file of the Judicial magistrate No.1, Sivagangai District and quash the same as against the petitioners. : Mr.S.Saravana Kumar : Mr.N.Ananda Kumar In Crl.O.P(MD)No.13200 of 2022:

1.Abraham 2.Arulraj 3.R.Santhiyagu ... Petitioners/Accused 1 to 3 Vs.

1.The State Represented through the Inspector of Police, (In Crime No.497 of 2020) ..1st Respondent/Complainant 2.R.Arockiyasamy ...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 2/6

First information report in Crime No.497 of 2020 on the file of the first respondent police and quash the same as against the petitioners. : Mr.Ananda Kumar : Mr.K.Backiyaraj C O M M O N O R D E R The petitions in Crl.O.P(MD)Nos.3801 of 2023 and 13200 of 2022 have been filed seeking to quash the impugned FIRs in Crime Nos.37 and 497 of 2020 on the file of the 1st respondent police. Crl.O.P(MD)No.17070 of 2022 has been filed to quash the impugned Charge Sheet in C.C.No.214 of 2020 on the file of the Judicial Magistrate No.1, Sivagangai District. 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 No.37 of 2020 for the offences punishable under Sections 341, 294(b), 323, 324 and 506(ii) IPC and Crime No.

497 of 2020 for the offences under Sections 294(b), 324, 506(2) IPC against the accused. In respect of FIR in Crime No.496 of 2020, the first respondent police has completed investigation and filed charge sheet in C.C.No.214 of 2020 before the Judicial Magistrate No.1, Sivagangai District, for the offences under Sections 341, 342, 294(b), 323, 324 and 506(2) IPC.

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 23.03.2023, 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.497 and 37 of 2020 pending on the file of the 1st respondent police in respect of these petitioners and the Charge Sheet in C.C.No.214 of 2020 on the file of the Judicial Magistrate No. 1, Sivagangai.

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6.In the result, the Criminal Original Petitions stand allowed and the entire proceedings in Crime Nos.497 and 37 of 2020, pending on the file of the 1st respondent police and C.C.No.214 of 2020 on the file of the Judicial Magistrate No.1, Sivagangai 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. Consequently, connected miscellaneous petitions are closed.

20.04.2023 Index : Yes/No Internet:Yes/No tta/CM To 1.The Inspector of Police, (In Crime Nos.37 and 497 of 2020)

2. The Judicial Magistrate No.1, 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN, J., tta Crl.O.P.(MD)Nos.3801 of 2023, 17070 and 13200 of 2022 and Crl.M.P(MD)Nos.8411 and 11466 of 2022 20.04.2023 6/6