Madras High CourtCRL OP(MD)/5241/2021allowed

T.Rajanirmal v. The Inspector Of Police

2021-09-21Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P(MD)No.5241 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :21.09.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P(MD)No.5241 of 2021 T.Rajanirmal ... Petitioner/Accused Vs.

1.The Inspector of Police, Thattarmadam, Thoothukudi District.

... Respondent/ Complainant 2.D.Balakrishnan ... Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to accept this compromise memo and quash the proceeding in S.C.No.31 of 2019 on the file of the learned District Sessions Court, Thoothukudi.

For Petitioner : Mr.V.Balasubramanian For Respondents : Mr.K.Sanjay Gandhi Government Advocate (Crl.Side) for R1

ORDER

Heard both sides.

2.This Criminal Original Petition has been filed to quash the proceedings in S.C.No.31 of 2019 on the file of the learned District Sessions Court, Thoothukudi for the offence punishable under Sections 3 of TN Prevent of Damage & Loss Act 1992 and 294(b), 324, 506(2) of IPC in Crime No.61 of 2013 on the file of the respondent police 3.The second respondent / defacto complainant as well as the petitioner/accused are present before this Court and they are identified by the respective learned counsel and both the parties have filed joint compromise memo stating that the matter in issue between them has been amicably resolved and therefore, the second respondent / defacto complainant is not willing to prosecute the case and therefore would pray for quashing the proceedings in S.C.No.31 of 2019 on the file of the learned District Sessions Court, Thoothukudi.

4.The compromise memo is filed before this Court and the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.5241 of 2021 parties are also present at the learned Government Advocate office and their identity has also been verified through video conference. The matters in issue has been compromised between the parties. 5.In the result, by recording the compromise, this Criminal Original Petition is allowed and the proceedings in S.C.No.31 of 2019 on the file of the learned District Sessions Court, Thoothukudi, is quashed. The joint compromise memo shall form part and parcel of this order.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) tta Note:(i) 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 District Sessions Judge, Thoothukudi, 2.The Inspector of Police, Thattarmadam, Thoothukudi District.

3.Additional Public Prosecutore, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.V.BALASUBRAMANIAN, Advocate ( SR-29835[F] dated 22/09/2021 ) Crl.O.P(MD)No.5241 of 2021 21.09.2021 RD(6.10.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2