Madras High CourtCRL OP(MD)/5006/2021allowed

K.Chokkar v. The Inspector Of Police

2021-08-03Honourable Mr Justice G.Ilangovan2 pages

Crl.OP(MD).No.5006 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.OP(MD)No.5006 of 2021 1.K.Chokkar 2.Suresh Babu 3.Saivathurai ... Petitioners/Accused Nos.1 to 3 vs.

1.The Inspector of Police, Keeraithurai Police Station, Madurai City.

(Crime NO.34 of 2019) ... 1st Respondent / Complainant 2.Thangavel ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the entire records relating to Charge Sheet in C.C.No.1081 of 2019 on the file of the Judicial Magistrate, No.IV, Madurai and quash the same. For Petitioners : Mr.K.Sathish Kumar For R1 : Mr.K.Sanjai Gandhi Government Advocate(Criminal Side) For R2 : Mr.C.Susi Kumar

O R D E R

This petition has been filed to quash the Charge Sheet in C.C.No.1081 of 2019 on the file of the Judicial Magistrate, No.IV, Madurai.

2.The contention of the petitioners is that based on the complaint lodged by the second respondent, the first respondent registered a case in Crime No.34 of 2019 for the offences punishable under Sections 457 & 380 of I.P.C, against the petitioner.

3.The further contention of the petitioners is that they compromised the issue with the second respondent amicably. A joint memo of compromise is 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 through video conference from the office of the learned Government Advocate (Crl.Side) along with their respective counsels and also prduced their Aadhar cards before this Court. They were also identified by the learned Government Advocate (Criminal side) and https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.OP(MD).No.5006 of 2021 Mr.R.Vengatasabapathi, Special Sub-Inspector of Police, Keeraithurai Police Station, Madurai City. 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 petitioners and also in view of the joint compromise memo, dated 30.03.2021, 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.1081 of 2019 pending on the file of the Judicial Magistrate, No.IV, Madurai, is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order. Sd/- Assistant Registrar // 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.

Enclose: The Xerox of copy of Compromise Memo To 1.The Judicial Magistrate, No.IV, Madurai.

2.The Inspector of Police, Keeraithurai Police Station, Madurai City.

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

Crl.OP(MD)No.5006 of 2021 03.08.2021 CN(13.08.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2