Pon Muniyandi @ Muniyandi v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Pon Muniyandi@Muniyandi

...Petitioner /Sole Accused

Vs.

1. State Rep by The Sub Inspector of Police, S.S.Colony Police Station, Madurai District.

(In Crime No.1715/2022) ...1stRespondent/Petitioner/Complainant

2. Jebaraj ... 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records pertaining to the above FINAL REPORT in C.C.No.2463/2022 on the file of the Judicial Magistrate No.V, Madurai and quash the same in so far as this petitioner/Accused in concerned.

For Petitioners : Mr. Ganesan.R For R1 : Mr.S.Manikandan Government Advocate (Crl.Side) For R2 : Mr.P.Suriya 1/5

ORDER

This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.2463 of 2022 on the file of the learned Judicial Magistrate No.V, Madurai.

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.1715 of 2022 for the offences punishable under Sections 3 & 4 of the Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003.

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 2/5

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, dated 02.03.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending and inclined to quash all further proceedings in C.C.No.2463 of 2022 pending on the file of the learned Judicial Magistrate No.V, Madurai in respect of the petitioners.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.2463 of 2022, pending on the file of the learned Judicial Magistrate No.V, Madurai 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. 10.03.2023 3/5

NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Judicial Magistrate No.V, Madurai.

2. The Sub Inspector of Police, S.S.Colony Police Station, Madurai District.

(In Crime No.1715/2022) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

G.ILANGOVAN ,J.

TM 10.03.2023 5/5