Madras High CourtCRL OP(MD)/4270/2021allowed

Surya@Madhayanai v. The Sub Inspector Of Police

2021-07-28Honourable Mr Justice G.Ilangovan2 pages

Crl.OP(MD)No.4270 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.OP(MD)No.4270 of 2021 Surya @ Madhayanai ... Petitioner/Sole Accused vs.

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

In Crime No.2111 of 2020.

... 1st Respondent/Complainant 2.Maruthu ... 2nd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records the case in Crime No.2111 of 2020 on the file of the 1st respondent police and quash the same as against the petitioner/Sole accused alone. For Petitioner : Mr.B.Viswanathan For R1 : Mr.R.M.Anbunithi, Additional Public Prosecutor For R2 : Mr.Jegadeesh Pandian

O R D E R

This Criminal Original Petitions has been filed to Crime No.2111 of 2020 on the file of the 1st respondent police. 2.The contention of the petitioner is that based on the complaint lodged by the second respondent, the first respondent registered First Information Report in Crime No.2111 of 2020 for the offences punishable under Sections 294 (b), 323 and 506 (ii) of IPC, against the petitioner.

3.The further contention of the petitioner is that he compromised the issue with the second respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioner and the second respondent and also by their respective counsels.

4.The petitioner and the second respondent appeared through video conference along with their counsels and also produced their Aadhar cards. They were also identified by the learned Additional https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.OP(MD)No.4270 of 2021 Public Prosecutor and Mr.A.Jebakumar, Special Sub-Inspector of Police, Melur Police Station, Madurai District. 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 petitioners and also in view of the joint compromise memo, dated 10.03.2021, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in Crime No.2111 of 2020 pending on the file of The Sub-Inspector of Police, Melur Police Station, Madurai District, is quashed and the compromise memo is recorded.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.2111 of 2020 pending on the file of The Sub-Inspector of Police, Melur Police Station, Madurai District, 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 copies 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 Sub-Inspector of Police, Melur Police Station, Madurai District.

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

Crl.OP(MD)No.4270 of 2021 28.07.2021 CM(CO) LR (09.08.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2