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Madras High CourtCRL OP(MD)/5309/2021allowed

B.Karthick v. The Deputy Superintendent Of Police

2021-09-30Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P(MD)No.5309 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :30.09.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P(MD)No.5309 of 2021 1.B.Karthick 2.M.Rajesh Kannan 3.M.Surya 4.M.Balu ... Petitioners/Accused No.1 to 4 Vs.

1.The Deputy Superintendent of Police, Samayanallur, Madurai District.

2.The State Rep. by its Inspector of Police, Solavanthan Police Station, Madurai.

(Crime No.364 of 2018).

... 1st & 2nd Respondent/Complainant 3.G.Ranjithkumar ... Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the impugned charge sheet in Special S.C.No.69 of 2019 on the file of the learned III Additional District and Sessions Court (PCR) Madurai and quash the same so far as the petitioners are concerned. For Petitioners : Mr.R.M.Makesh Kumaravel For R1 and R2 : Mr.K.Sanjai Gandhi Government Advocate (Crl. side) For R3 : Mr.L.Prabakaran

ORDER

Heard both sides.

2.This Criminal Original Petition has been filed to quash the charge sheet in S.C.No.69 of 2019 pending on the file of the learned III Additional District and Sessions Court (PCR), Madurai. 3.The third respondent / de-facto complainant as well as the petitioners/A1 to A4 in the Criminal Original Petition are present before this Court and they are identified by the respective learned counsel and both the parties have filed joint compromise memo stating that the matters in issue between them has been amicably resolved and therefore, the third respondent / de-facto complainant is not willing to prosecute the case and therefore, they would pray for quashing the S.C.No.69 of 2019 pending on the file of the learned III Additional District and Sessions Court (PCR), Madurai.

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Crl.O.P(MD)No.5309 of 2021 4.It is submitted by the defacto complainant that a sum of Rs.75,000/- was received as compensation from the Government as per the Scheme and that was remitted on 28.09.2021 in the Government account. The challan is also produced before this Court. 5.The compromise memo is filed before this Court and the parties are also present at the learned Additional Public Prosecutor office and their identity has also been verified through video conference. Since the matters in issue has been compromised between the parties, no purpose will be served in keeping the proceedings pending.

6.In the result, by recording the compromise, this Criminal Original Petition is allowed and the proceedings in S.C.No.69 of 2019 pending on the file of the learned III Additional District and Sessions Court (PCR), Madurai, is quashed. The joint compromise memo shall form part and parcel of this order. Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) cp Encl : Join 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 III Additional District and Sessions Court (PCR), Madurai. 2.The Deputy Superintendent of Police, Samayanallur, Madurai District.

3.The Inspector of Police, Solavanthan Police Station,Madurai.

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

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