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Madras High CourtCRL OP(MD)/4064/2023allowed

Saravanan M v. The Inspector Of Police

2023-04-17Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN M.Saravanan ... Petitioner/Sole Accused Vs.

1.State of Tamil Nadu rep. by The Inspector of Police, Ayyapuram Police Station, Tenkasi District.

Crime No.119 of 2021.

... 1st Respondent/Complainant 2.Vignesh ... 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in STC No.931/2022 on the file of the Judicial Magistrate, Sankarankovil and quash the same as illegal. For Petitioner : Mr.S.Paulmurugesh For Respondents : Mr.R.Suresh Kumar for R1 Government Advocate (Crl. Side) Mr.V.Selva Kumar for R2 O R D E R This Criminal Original Petition has been filed seeking to quash the charge sheet in S.T.C.No.931 of 2022 on the file of the learned Judicial Magistrate, Sankarankovil.

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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.120 of 2021 for the offences punishable under Sections 294(b), 352, 427, 506(i) 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 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 petitioners and also in view of the joint compromise memo, this Court is of the opinion that no useful purpose 2/4

will be served by keeping the matter pending and inclined to quash all further proceedings in S.T.C.No.931 of 2022 pending on the file of the learned Judicial Magistrate, Sankarankovil in respect of the petitioners. 6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in S.T.C.No.931 of 2022, pending on the file of the learned Judicial Magistrate, Sankarankovil, 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. 17.04.2023 Index : Yes/No Internet : Yes/No TM To 1.The Judicial Magistrate, Sankarankovil 2.The Inspector of Police, Ayyapuram Police Station, Tenkasi District.

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

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G.ILANGOVAN. J.

TM 17.04.2023 4/4