Madras High CourtCRL OP(MD)/5392/2021allowed

Bensikar Raja Singh v. The Inspector Of Police

2021-09-14Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P(MD)No.5392 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :14.09.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P(MD)No.5392 of 2021 1.Bensikar Raja Singh 2.Dharmanathan 3.Merlin Raja Singh ... Petitioners Vs.

1.The Inspector of Police, All Women Police Station, Colachel, Kanyakumari District.

2.Joelin Jobi ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records and quash the proceedings in C.C.No.62 of 2014 on the file of the learned Judicial Magistrate No.II, Kuzhithurai, Kanyakumari District. For Petitioners : Mr.C.Suresh Kannan For Respondents : Mr.K.Sanjay Gandhi Government Advocate for R1

ORDER

Heard both sides.

2.This Criminal Original Petition has been filed to quash the proceedings in C.C.No.62 of 2014 on the file of the Judicial Magistrate No.II, Kuzhithurai, Kanyakumari District. 3.The second respondent / defacto complainant as well as the petitioners/accused 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 matter in issue between them has been amicably resolved and therefore, the second respondent / defacto complainant is not willing to prosecute the case and therefore would pray for quashing the proceedings in C.C.No.206 of 2017 on the file of the Judicial Magistrate No.II, Kuzhithurai, Kanyakumari District.

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Crl.O.P(MD)No.5392 of 2021 4.The compromise memo is filed before this Court and the parties are also present at the learned Government Advocate office and their identity has also been verified through video conference. The matter in issue has been compromised between the parties. 5.In the result, by recording the compromise, this Criminal Original Petition is allowed and the proceedings in C.C.No.62 of 2014 on the file of the Judicial Magistrate No.II, Kuzhithurai, Kanyakumari District is quashed. The joint compromise memo shall form part and parcel of this order. Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) tta Encl:Xerox copy of compromise memo attached. Note:(i) 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.II, Kuzhithurai, Kanyakumari District.

2.The Inspector of Police, All Women Police Station, Colachel, Kanyakumari District.

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

+1 CC to M/s.A. THIRUVADI KUMAR, Advocate ( SR-29071[F] dated 15/09/2021 ) Crl.O.P(MD)No.5392 of 2021 14.09.2021 MGJ(01.10.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2