Madras High CourtCRL OP(MD)/175/2017allowed

Ramalal, v. The Inspector Of Police,

2017-01-06Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2017

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD) No.175 of 2017 Ramalal ... Petitioner/A-2 -Vs1. State, Rep. by the Inspector of Police, C-4, Thilagar Thidal (L&O) Police Station, Madurai City, (Cr.No.542 of 2015) ...Respondent/Complainant

2. T.Suresh ... Respondent/Defacto/ Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in connection with C.C.No.30 of 2016 on the file of Spl. Magistrate in Judicial Magistrate No.II, Madurai (S.T.C.No.140 of 2015 on the file of the Judicial Magistrate No.II, Madurai) and quash the same. For Petitioner : Mr.A.K.Manickam For Respondents : Mr.K.V.Rajarajan, Government Advocate (Criminal side)

O R D E R

This criminal original petition has been filed by the petitioner seeking to quash the proceedings in C.C.No.30 of 2016 on the file of Spl. Magistrate in Judicial Magistrate No.II, Madurai (S.T.C.No.140 of 2015 on the file of the Judicial Magistrate No.II, Madurai).

2. It is seen that the alleged offences attributed against the petitioner are under Sections 294(b) and 506(i) of the Indian Penal Code. When the matter is taken up for hearing, the petitioner and the second respondent appeared in person and their identification is also verified by this Court and the learned counsel appearing for the petitioner and the learned counsel appearing for the second respondent filed a memo of compromise stating that since the matter has been compromised, the second respondent agreed to quash the above said case in C.C.No.30 of 2016, pending on the file of Spl. Magistrate in Judicial Magistrate No.II, Madurai.

3. Considering the nature of allegation and also considering the memo of compromise filed by the petitioner and the second https://hcservices.ecourts.gov.in/hcservices/

respondent, this Court is of the opinion that no useful purpose would be served by allowing the C.C.No.30 of 2016 on the file of Special Magistrate in Judicial Magistrate No.II, Madurai to proceed with. Therefore, the entire proceedings in C.C.No.30 of 2016 on the file of Special Magistrate in Judicial Magistrate No.II, Madurai in respect of the petitioner alone is, hereby, quashed and this Criminal Original Petition is allowed accordingly. The joint compromise memo shall form part of the order of this Court. Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar To:

1.The Spl. Magistrate in Judicial Magistrate No.II, Madurai .

2.The Inspector of Police, C-4, Thilagar Thidal (L&O) Police Station, Madurai City.

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

+1 cc to Mr.A.K.Manickam,Advocate,Sr,no.1248 vs AAM SS2 KSM 25.01.2017 2P 5C Crl.O.P.(MD) No.175 of 2017 06.01.2017 https://hcservices.ecourts.gov.in/hcservices/