P.Sivakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.03.2023 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN

1. P.Sivakumar

2. S.Yuvaraj petitionerss/ Accused Rank Nos. 1 & 2 Vs.

1.The State represented by The Inspector of Police, T.Kallipatti Police Station, Madurai District.

(Crime No.168/2022). ... 1st Respondent/Complainant

2. B.Oorukavalan ....2nd Respondent/De-facto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the C.C.No.249 of 2022 on the file of the Learned Judicial Magistrate, Peraiyur, Madurai District, and quash the proceedings as against the petitionerss herein. For petitionerss : Mr.Ganapathy Subramanian.V For R1 : Mr.Nambiselvan.B Additional Public Prosecutor For R2 : Mr. Palani.P 1/4

ORDER

This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.249 of 2022 on the file of the learned Judicial Magistrate, Peraiyur, Madurai District .

2.The contention of the petitioners is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.168 of 2022 for the offences punishable under Sections 452, 294(b), 324, 427, 506(ii) IPC, against the petitioners. 3.The further contention of the petitioners is that they compromised the issue with the 2nd respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the 2nd respondent and also by their respective counsels.

4.The petitioners and the 2nd respondent appeared before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Additional Public Prosecutor and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded. 2/4

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 09.03.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in C.C.No.249 of 2022 pending on the file of the learned Judicial Magistrate, Peraiyur, Madurai District, is quashed and the compromise memo is recorded.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.249 of 2022, pending on the file of the learned Judicial Magistrate, Peraiyur, Madurai District, is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order.

23.03.2023 NCC:Yes/No Index : Yes/No Internet:Yes/No Indu 3/4

G.ILANGOVAN, J., Indu To

1. The Judicial Magistrate Court, Peraiyur, Madurai District, 2.The Inspector of Police, T.Kallipatti Police Station, Madurai District.

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

Crl.O.P.(MD)No. 4597 of 2023 23.03.2023 4/4