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Madras High CourtCRL OP(MD)/5013/2020allowed

B.T.Kumar @ B.T.Arasakumar v. The Sub Inspector Of Police

2023-03-31Honourable Mrs Justice R. Tharani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.03.2023

CORAM:

THE HONOURABLE MRS. JUSTICE R.THARANI and Crl.M.P.(MD)Nos.2890 and 2891 of 2020 B.T.Kumar @ B.T.Arasakumar

...Petitioner

Vs 1.State Through Sub Inspector of Police, Allinagaram Police Station, 2.Nagajothi 3.Vignesh

...Respondents

(R2 and R3 are impleaded as per order of this Court dated 31.03.2023 in Crl.M.P.(MD)No.5432 of 2023 in Crl.O.P.(MD)No.5013 of 2020 by RTJ) PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying this Court to call for the records resulting in the impugned order passed in Crl.R.P.No.17 of 2018 dated 10.12.2019 on the file of the learned Principal Sessions Judge, Theni and quash the same as illegal. For Petitioner : Mr.S.Parthasarathy, Senior Counsel For Mr.Abinav Parthasarathy For 1st Respondent : Mrs.M.Aasha, Government Advocate (Crl.Side) 1/4

ORDER

This petition is filed to quash the impugned order passed in Crl.R.P.No.17 of 2018 dated 10.12.2019 on the file of the learned Principal Sessions Judge, 2.It is seen that the offence under Sections 406 and 506(i) of IPC are all compoundable. The petitioner is present before this Court. The legal heir of the defacto complainant is present. The copy of the legal heirship certificate was also filed. The Aadhar card of the petitioner and the legal heirship certificate of the defacto complainant are verified. The compromise memo was signed by both parties. The compromise is recorded. 3.In view of the above, this Criminal Original Petition is allowed and the order in Crl.R.P.No.17 of 2018 dated 10.12.2019 on the file of the learned Principal Sessions Judge, Theni is hereby quashed. Consequently, connected miscellaneous petitions are closed.

31.03.2023 NCC : Yes/No Internet : Yes/No Index : Yes/No Mrn 2/4

To 1.The Principal Sessions Judge, Theni.

2.The Sub Inspector of Police, Allinagaram Police Station, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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R. THARANI,J.

Mrn 31.03.2023 4/4