Madras High CourtCRL OP(MD)/5011/2021allowed

Bala @ Balasubramani v. The Inspector Of Police

2021-08-03Honourable Mr Justice G.Ilangovan2 pages

Crl.OP(MD)No.5011 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.OP(MD)No.5011 of 2021 1.Bala @ Balasubramani 2.Muthuselvam 3.Murugeswari ... Petitioners/Accused Nos.1 to 3 vs.

1.The State rep by, The Inspector of Police, Koodakovil Police Station, Madurai District.

(Crime No.32 of 2021) ... 1st Respondent/ Complainant 2.Sakthivel ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records in Crime No.32 of 2021 on the file of the first respondent and quash the same. For Petitioners : Mr.M.Muthukumar For R1 : Mr.K.Sanjai Gandhi Government Advocate(Criminal Side) For R2 : Mr.S.Muniyandi

O R D E R

This petition has been filed to quash the Crime No.32 of 2021 on the file of the first respondent.

2.The contention of the petitioners and the second respondent is that based on the complaint lodged by the second respondent, the first respondent registered First Information Report in Crime No.32 of 2021 for the offences punishable under Sections 294(b), 506(ii) and 379 of IPC, against the petitioners.

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

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Crl.OP(MD)No.5011 of 2021 4.The petitioners and the second respondent appeared through video conference from the office of the learned Government Advocate (Criminal side) before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Government Advocate (Criminal side) and Mr.G.Baluchamy, Special Sub-Inspector of Police, Koodakovil Police Station, Madurai 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 petitioners 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. Hence, all further proceedings in Crime No.32 of 2021 pending on the file of the Inspector of Police, Koodankulam Police Station, Tirunelveli 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.32 of 2021, pending on the file of the the Inspector of Police, Koodakovil Police Station, Madurai District, is hereby quashed. The terms of joint compromise memo shall form part of this order. Sd/- Assistant Registrar (Crl side) // 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 Encl. Joint Compromise Memo.

1. The Inspector of Police, Koodakovil Police Station,Madurai District.

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

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