Krishnan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.06.2023 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN and Crl.M.P.(MD)No.5016 of 2023

1. Krishnan

2. Rajkumar ... Petitioners/ Accused Nos.1 & 2 Vs.

1. The Inspector of Police, Samayanallur Police Station, Samayanallur, Madurai.

... 1st Respondent / Complainant

2. Murugapandi ... 2nd Respondent/ Defacto complainant

3. Balamurugan ... 3rd Respondent / Victim Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the charge sheet in P.R.C.No.3 of 2023 on the file of the Judicial Magistrate, Vadipatti, Madurai quash the same.

For Petitioners : Mr.B.Vinothkumar For R1 : Mr. S. Manikandan Government Advocate (Crl Side) For R2 : Mr.S.Arjun 1/4

ORDER

This Criminal Original Petition has been filed seeking to quash the charge sheet in P.R.C.No.3 of 2023 on the file of the Judicial Magistrate, Vadipatti, Madurai 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.114 of 2022 for the offences punishable under Sections 294(b), 307, 323, 324 and 341 of I.P.C. against the petitioners.

3. The further contention of the petitioners is that they compromised the issue with the respondents 2 and 3 amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the respondents 2 and 3 and also by their respective counsels.

4. The petitioners and the respondents 2 and 3 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 enquired by me and they accepted the terms of compromise. Hence, the Joint Compromise Memo is recorded.

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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 10.03.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending and inclined to quash all further proceedings in P.R.C.No.3 of 2023 on the file of the Judicial Magistrate, Vadipatti, Madurai, in respect of the petitioners.

6. In the result, the Criminal Original Petition stands allowed and the entire proceedings in P.R.C.No.3 of 2023 on the file of the Judicial Magistrate, Vadipatti, Madurai, is hereby quashed in respect of the petitioner alone. The joint compromise memo is recorded and the terms of joint compromise memo shall form part of this order. Consequently, connected Miscellaneous Petition is closed.

12.06.2023 Index : Yes/No Internet:Yes/No Ls 3/4

G.ILANGOVAN, J., Ls To 1.The Judicial Magistrate, Vadipatti, Madurai.

2.The Inspector of Police, Samayanallur Police Station, Samayanallur, Madurai.

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

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