Madras High CourtCRL OP(MD)/4193/2021allowed

Ganesan v. The Inspector Of Police

2021-07-15Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 15.07.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.4193 of 2021 1.Ganesan 2.Gurunathan 3.Vijayan 4.Elumalai 5.Meena @ Meenakshi 6.Selvi 7.A.Balamurugan 8.Mariammal ... Petitioners/Accused Nos.1 to 8 Vs.

1.The Inspector of Police, B-4, Keeraithurai Police Station, Madurai City.

(Crime No.748 of 2013) ... 1st Respondents/Complainant 2.Karpagavalli ... 2nd Respondent/Defacto Complainant 3.Marimuthu ... 3rd Respondent/Injured Prayer:Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records in connection with Charge Sheet in C.C.No.21 of 2014 on the file of the Judicial Magistrate No.IV, Madurai and to quash the same.

For Petitioners : Mr.C.Mayilvahana Rajendran For R1 : Mr.R.M.Anbunithi, Additional Public Prosecutor.

For R2 & R3 : Mr.R.Kannuchamy

ORDER

This petition is filed to quash the Charge Sheet in C.C.No.21 of 2014 on the file of the Judicial Magistrate No.IV, Madurai. 2.The contention of the petitioners is that based on the complaint lodged by the second respondent, the first respondent registered First Information Report in Crime No. 748 of 2013 for the offences punishable under Sections 147, 148, 448, 323, 324 and 506 (ii) of IPC.

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3.The further contention of the petitioners is that they want to compromise the issue between them and the respondents 2 & 3 amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the second respondents 2 & 3 and also by their respective counsels.

4.The petitioners and the respondents 2 & 3 appeared through Video Conference along with their respective counsels and also produced their Aadhar cards before this Court. They were also identified by the learned Additional Public Prosecutor and Mr.K.Kannan, Sub Inspector of Police, B-4, Keeraithurai Police Station, Madurai City. Both the parties to compromise 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 petitioner and also in view of the joint compromise memo, dated 08.03.2021, this Court is of the opinion that no useful purpose will be served by keeping the matter pending.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.21 of 2014 on the file of the Judicial Magistrate No.IV, Madurai, is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order.

Sd/- Assistant Registrar(CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) Dss ENCL.: XEROX COPY OF JOINT COMPROMISE MEMO.

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Judicial Magistrate No.IV, Madurai.

2.The Inspector of Police, B-4, Keeraithurai Police Station, Madurai City.

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

Crl.O.P.(MD) No.4193 of 2021 15.07.2021 SRK(CO) TR(27.07.2021) 3P 4C 3/3