R.Manikandan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.3906 of 2023

1. R.Manikandan

2. R.Sethu Prasath

3. R.Vickram

4. B.Parthiban

5. R.Gowtham

6. R.Ajaychandra ...Petitioners/Accused Nos.1 to 6 Vs.

1. The State of Tamilnadu, Represented through its Inspector of Police, W1, Thirunagar Police Station, Madurai City, Madurai. ... 1st Respondent/Complainant 2.M.Sathish @ Sathish Kumar ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the proceedings in C.C.No. 2370 of 2022 pending on the file of Hon'ble Judicial Magistrate No.VI, Madurai and to quash the same in respect of Petitioners/Accused 1 to 6. 1/5

For Petitioners : Mr.Babu Rajendran For R1 : Mr.S.Manikandan, Government Advocate (Crl.Side) For R2 : Mr.S.Prasanth O RDER This Criminal Original Petition has been filed seeking to call for the records pertaining to the proceedings in C.C.No.2370 of 2022 pending on the file of Judicial Magistrate No.VI, Madurai and to quash the same in respect of Petitioners/Accused 1 to 6. 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.260 of 2022 for the offences punishable under Sections 147, 148, 294(b), 324, & 506(ii) IPC, against the petitioners. It appears that it is a petty dispute between the parties and now the defacto complainant decided to make compromise with the petitioners.

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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, dated 28.02.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in C.C.No.2370 of 2022 pending on the file of the learned Judicial Magistrate No.IV, Madurai, is quashed and the compromise memo is recorded.

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6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.2370 of 2022 pending on the file of the learned 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.

21.03.2023 NCC:Yes/No Index : Yes/No Internet : Yes/No Indu To 1.The Inspector of Police, W1, Thirunagar Police Station, Madurai City, Madurai.

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

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G.ILANGOVAN. J.

Indu 21.03.2023 5/5