Siva @ Sivakumar v. The Inspector Of Police

Crl.OP(MD).No.4842 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.OP(MD)No.4842 of 2021 1.Siva @ Sivakumar 2.Govindan @ Govindaraj 3.Ramamoorthy 4.Jeyakumar @ Ritish ... Petitioners/Accused 1 to 4 vs.

1.The State through The Inspector of Police, Thillai Nagar Police Station, Trichy District, Trichy.

(Crime No.149 of 2018) ... 1st Respondent/Defacto Complainant 2.Thatchanamoorthy @ Dhakshinamoorthy ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to quash the impugned proceedings in C.C.No.2309 of 2019 on the file of the learned Judicial Magistrate No.IV, Trichy.

For Petitioners : Mr.J.Senthil Kumaraiah For R1 : Mr.K.Sanjai Gandhi Government Advocate(Criminal Side) For R2 : Mr.Rajasekar

O R D E R

This petition is filed to quash the proceedings in C.C.No.2309 of 2019 on the file of the learned Judicial Magistrate No.IV, Trichy.

2.The contention of the petitioners is that based on the complaint lodged by the second respondent, the first respondent registered First Information Report in Crime No.149 of 2018 for the offences punishable under Sections 294(b), 324 and 506 (ii) of Indian Penal Code, 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.

4.The petitioners and the second respondent appeared in person along with their respective counsels and also produced their https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.OP(MD).No.4842 of 2021 Aadhar cards before this Court. They were also identified by the learned Government Advocate (Criminal side) and Mr.K.Sakthivel, Special Sub-Inspector of Police, Thillai Nagar Police Station, Trichy District, Trichy. 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 petitioner and also in view of the joint compromise memo, dated 25.03.2021, this Court is of the opinion that no useful purpose will be served by keeping the matter pending.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.2309 of 2019 pending on the file of the learned Judicial Magistrate No.IV, Trichy, is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order. Sd/- Assistant Registrar (CRL) // 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 1.The Judicial Magistrate No.IV, Trichy.

2. The Inspector of Police, Thillai Nagar Police Station, Trichy District, Trichy.

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

Crl.OP(MD)No.4842 of 2021 31.08.2021 PS(CO) KB(01.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2