Palanivel v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2023 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN and Crl.M.P(MD)No.5353 of 2023 Palanivel ... Petitioner/Accused Vs.

1.The Inspector of Police, SIPCOT Police Station, Sivagangai (Crime No.151 of 2021) ...1st Respondent/Complainant 2.Manivannan ... 2nd Respondent/Defacto complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to C.C.No.1253 of 2022 on the file of the Judicial Magistrate, Manamadurai, and quash the same as illegal.

For Petitioner : Mr.C.Masilamani For R1 : Mr.R.Suresh Kumar Government Advocate(Crl.side) For R2 : Mr.JN.Mohamed Salman Yusuf

ORDER

This petition has been filed seeking to quash the Charge Sheet in C.C.No.1253 of 2022 on the file of the Judicial Magistrate, Manamadurai, 1/4

2.The contention of the petitioner is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.151 of 2021 for the offences punishable under Sections 24(b), 427, 324, 355 and 506(ii) IPC r/w Section 4 of TNPWH Act, against the petitioner. After completion of investigation, Charge Sheet has been filed and the same has been taken on file in C.C.No.1253 of 2022 on the file of the Judicial Magistrate, Manamadurai.

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

4.The petitioner and the 2nd respondent 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 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 2/4

compromise memo, dated 31.03.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending and inclined to quash the Charge Sheet in C.C.No.1253 of 2022 on the file of the Judicial Magistrate, Manamadurai,in respect of the petitioner. 6.In the result, the Criminal Original Petition stands allowed and the Charge Sheet in C.C.No.1253 of 2022 on the file of the Judicial Magistrate, Manamadurai, is hereby quashed in respect of the petitioner. The compromise memo is recorded and the terms of joint compromise memo shall form part of this order. Consequently, connected miscellaneous petition is closed. 21.04.2023 Index : Yes/No Internet:Yes/No tta/CM To 1.The Inspector of Police, SIPCOT Police Station, Sivagangai (Crime No.151 of 2021)

2. The Judicial Magistrate, Manamadurai.

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

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G.ILANGOVAN, J., tta and Crl.M.P(MD)No.5353 of 2023 21.04.2023 4/4