Madras High CourtCRL OP(MD)/5117/2021allowed

Mareeshwaran v. The Sub Inspector Of Police

2021-08-04Honourable Mr Justice G.Ilangovan2 pages

Crl.OP(MD).No.5117 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.OP(MD)No.5117 of 2021 Mareeshwaran ... Petitioner/Sole Accused vs.

1.The Sub Inspector of Police, Vallioor Police Station, Vallioor, Tirunelveli District.

(Crime No.47 of 2020) ... 1st Respondent/ Complainant 2.S.Subramaninan ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records pertaining to the charge sheet in C.C.No.350 of 2021, dated 05.03.2020 u/s 294 (b), 352, 506 (ii) of IPC on the file of the learned Judicial Magistrate Court, Vallioor, Tirunelveli District (Crime No.47 of 2020, on the file of the 1st respondent police). For Petitioner : Mr.S.R.Anbarasu For R1 : Mr. Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side)

O R D E R

This petition has been filed to quash the charge sheet in C.C.No.350 of 2021, on the file of the learned Judicial Magistrate Court, Vallioor, Tirunelveli District, dated 05.03.2020. 2.The contention of the petitioner is that based on the complaint lodged by the second respondent, the first respondent registered a case in Crime No. 47 of 2020 for the offences punishable under Sections 294 (b), 352 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 is 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 with their respective counsels and also produced their Aadhar cards before this Court. They were also identified by the learned Government Advocate (Crl.Side) and Mr.R.Arunraja, Sub-Inspector of Police,Vallioor Police Station, Vallioor, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.OP(MD).No.5117 of 2021 Tirunelveli District. 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 petitioner and also in view of the joint compromise memo, dated 17.03.2021, this Court is of the opinion that no useful purpose will be served by keeping the matter pending.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.350 of 2021, on the file of the learned Judicial Magistrate Court, Vallioor, Tirunelveli District, is hereby quashed in respect of the petitioner 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 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 Judicial Magistrate Court, Vallioor, Tirunelveli District.

2.The Sub Inspector of Police, Vallioor Police Station, Vallioor, Tirunelveli District.

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

Crl.OP(MD)No.5117 of 2021 04.08.2021 CN(11.08.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2