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Madras High CourtCRL OP(MD)/5193/2023allowed

S.Ibrahim @ Mohammed Ibrahim v. The Inspector Of Police

2023-03-20Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.5193 of 2023 1.S.Ibrahim @ Mohammed Ibrahim 2.S.Guru @ Guruvayurappan ... Petitioners Vs.

1.The Inspector of Police, Pattukottai Police Station, Thanjavur District.

2.P.Mahedran .... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the impugned Charge Sheet in S.C.No.59 of 2012 on the file of the learned Sub-Ordinate Judge's Court, Pattukottai, Thanjavur District in Crime No.504 of 2010 under Sections 452, 294(B), 324 and 307 of IPC on the file of the first respondent and quash the same as illegal.

For Petitioners : Mr.K.Dinesh For R1 : Mr.B.Nambiselvan Additional Public Prosecutor For R2 : Mr.M.Rupan 1/5

O RDER This Criminal Original Petition has been filed seeking to quash the Charge Sheet in S.C.No.59 of 2012 on the file of the learned SubOrdinate Judge's Court, Pattukottai, Thanjavur District. 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.504 of 2010 for the offences punishable under Sections 452, 294(B), 324 and 307 of IPC, against the petitioners. It appears that there is a small issue between the parties. 3.The further contention of the petitioners is that they compromised the issue with the 2nd respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the 2nd respondent and also by their respective counsels. 4.The petitioners 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 Additional Public Prosecutor and the Investigation Officer. Both the parties were enquired by me and they 2/5

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 17.03.2023, 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 S.C.No.59 of 2012 on the file of the learned Sub-Ordinate Judge's Court, Pattukottai, Thanjavur District, in respect of the petitioners.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in S.C.No.59 of 2012, pending on the file of the learned Sub-Ordinate Judge's Court, Pattukottai, Thanjavur District, is hereby quashed in respect of the petitioners alone. The compromise memo is recorded and the terms of joint compromise memo shall form part of this order.

20.03.2023 Index : Yes/No Internet : Yes/No tta 3/5

To 1.The Sub-Ordinate Judge's Court, Pattukottai, Thanjavur District.

2.The Inspector of Police, Pattukottai Police Station, Thanjavur District.

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

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G.ILANGOVAN. J.

tta 20.03.2023 5/5