Balamurugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.04.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)Nos.4647 and 4690 of 2023 and Crl.M.P.(MD)Nos. 4077,4080,4116 and 4117 of 2023 CRL.O.P.(MD)No.4647 of 2023:

1.Balamurugan 2.Sankar 3.Ilangovan 4.Prabhakaran 5.Bala Sankar 6.Prakash 7.Sankar 8.Chellappa 9.Meenakshi 10.Karuppanan 11.Rama Sangu 12.Venkatesh 1/9

13.Govindhan 14.Radha Krishnan 15.Sivakumar 16.Chandru Ganesh 17.Dhanapal ... Petitioners/Accused Vs.

1.The State, represented by its, The Inspector of Police, Ilayangudi Police Station, Sivagangai District.

(Crime.No.196 of 2020) ... Respondent/Complainant 2.Manimaran ... Respondent/Defacto Complainant 3.Lakshmanan 4.Kannagi 5.Subbaiah 6.Maheshwaran ... Respondent/Victims PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the entire records in relating to the impugned charge sheet in C.C. No.13 of 2021 on the file of the Learned District Munsif Cum Judicial Magistrate, Ilayangudi and to quash the same in so far as the petitioners are concerned. 2/9

For Petitioner : Mr.Jeyakarthik.M.S For R1 : Mr.S.Manikandan Government Advocate(Crl. Side) For R2 : Mr.S.Vidyasagar CRL.O.P.(MD)No.4690 of 2023:

1.Lakshmanan 2.Ramu @ Ramar 3.Manikandan @ Manimaran 4.Kannagi 5.Rethinam 6.Ramesh Kumar @ Maheswaran 7.Subbaiah 8.Chandru 9.Bhuvaneshwari 10.Sankar Ganesh 11.Nalayini 12.Murugan 13.Sekar @ Chandra Sekaran 14.Babu ... Petitioners/Accused 3/9

Vs.

1.The State, represented by its, The Inspector of Police, Ilayangudi Police Station, Sivagangai District.

(Crime.No.197 of 2020) ... Respondent/Complainant 2.Sankar ... Respondent/Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the entire records in relating to the impugned charge sheet in C.C. No.41 of 2021 on the file of the Learned District Munsif Cum Judicial Magistrate, Ilayangudi and to quash the same.

For Petitioner : Mr.S.Vidyasagar For R1 : Mr.S.Manikandan Government Advocate(Crl. Side) For R2 : Mr.Jeyakarthik.M.S COMMON ORDER These Criminal Original Petitions have been filed seeking to quash the charge sheets in C.C. Nos.13 and 41 of 2021 on the file of the Learned District Munsif Cum Judicial Magistrate, Ilayangudi. 4/9

2.The contention of the petitioners is that based on the complaint lodged by the 2nd respondent in both the Crl.O.Ps cases have been registered against the petitioners in Crime Nos.196 and 197 of 2020 on the file of the 1st respondent for the offences punishable under Sections 147, 148, 294(b), 323, 324, 506(ii) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2022 and Section 3 of TNPPDL Act and under Sections 147, 294(b), 323 and 506(ii) IPC respectively. It appears that there is a small issue between the parties.

3. The further contention of the petitioners is that they compromised the issue with the 2nd respondent amicably. A joint memos of compromise were filed, which have been duly signed by the petitioners and the 2nd respondent in both the Crl.O.Ps and also by their respective counsels.

4. The petitioners and the 2nd respondent in both the cases appeared before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Government Advocate (Crl. Side) and the Investigation Officer. Both the parties were 5/9

enquired by me and they accepted the terms of compromise. Hence, the Compromise Memos are recorded. It is submitted that name of the 6th petitioner in Crl.O.P(MD).No.4690 of 2023 is mentioned as Rameshkumar @ Maheswaran, but, his actual name is Maheswaran and it is also admitted by the learned Government Advocate (Crl.Side) and the same is hereby 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 memos, dated 14.03.2023, this Court is of the opinion that no useful purpose will be served by keeping the matters pending and inclined to quash all further proceedings in C.C. Nos.13 and 41 of 2021 on the file of the Learned District Munsif Cum Judicial Magistrate, Ilayangudi, in respect of the petitioners.

6. In the result, the Criminal Original Petitions stands allowed and the entire proceedings in C.C. Nos.13 and 41 of 2021 on the file of the Learned District Munsif Cum Judicial Magistrate, Ilayangudi, are hereby quashed in respect of the petitioners alone. The compromise memos are 6/9

recorded and the terms of joint compromise memo shall form part of this order. Consequently, the connected Miscellaneous Petitions are closed. 10.04.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No trp 7/9

To 1.The District Munsif Cum Judicial Magistrate, Ilayangudi.

2.The Inspector of Police, Ilayangudi Police Station, Sivagangai District.

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

8/9

G.ILANGOVAN,J trp Order made in Crl.O.P.(MD)No.4647 and 4690 of 2023 and Crl.M.P.(MD)Nos.4077,4080,4116 and 4117 of 2023 Dated: 10.04.2023 9/9