K.Saravanan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL CRL. O.P(MD) No.4226 of 2024 and CRL. MP(MD)Nos.3353 & 3355 of 2024 K.Saravanan ... Petitioner Vs.

1.The State rep. by the Inspector of Police, CCD-III, Madurai.

(Crime No.3 of 2021) 2.D.Kumaresh ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to call for the records pertaining to C.C.No.1908 of 2023 on the file of the learned Judicial Magistrate No.I, Madurai and quash the same as against the petitioner. For petitioner : Mr.R.Anand For R1 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl side) For R2 : Mr.S.Ashok Page No. 1 of 5

*****

O R D E R

This petition has been filed by the petitioner to call for the records pertaining to C.C.No.1908 of 2023 on the file of the learned Judicial Magistrate No.I, Madurai for the offences under Sections 66(D) of Information Technology (Amendment) Act, 2008 and 420 of IPC r/w 34 of IPC, in Crime No. 3 of 2021 and quash the same.

2. According to the petitioner, there is a money dispute between the parties. Based on the complaint given by the defacto complainant, the police has registered FIR in Cr.No. 3 of 2021 for the offences under Sections 66(D) of Information Technology (Amendment) Act, 2008 and 420 of IPC r/w 34 of IPC .

3. When the matter was taken up for hearing, the learned counsel on both sides represented that during pendency of the case in C.C.No.1908 of 2023, the matter has been amicably settled between the parties and to that effect, they have entered into a compromise and the same was filed before this Court.

Page No. 2 of 5

4. Today, the defacto-complainant and the accused are present and the Court enquired about the terms of compromise. The defactocomplainant represented that they entered into a compromise and he has no objection in allowing this petition. A compromise memo, dated 05.06.2024 signed by the parties and their respective counsels, is also filed before this Court.

5. This Court has perused the terms of the compromise memo.

6. Considering the nature of the offences and the parties have also entered into a compromise, it is appropriate to allow this petition.

7. Recording the said compromise memo, this petition is allowed and C.C.No.1908 of 2023 on the file of the learned Judicial Magistrate No.I, Madurai is quashed as against the petitioner. Consequently, connected miscellaneous petitions are closed. 27.03.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No apd Page No. 3 of 5

To 1.The Judicial Magistrate No.I, Madurai.

2.The Inspector of Police, CCD-III, Madurai.

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

Page No. 4 of 5

P.DHANABAL,J apd Crl.OP(MD) No.4226 of 2024 27.03.2025 Page No. 5 of 5