Jegadeesh Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.11051 of 2023 Jegadeesh Kumar ... Petitioner Vs.

1.The Inspector of Police, Kaliyakkavilai Police Station, Kanyakumari District.

2.Devadhas ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in C.C.No.87 of 2021 on the file of the learned Judicial Magistrate No.I, Kuzhithurai, based on the complaint given by the second respondent and to quash the same. For Petitioner : Mrs.M.Punitha Deva Kumar For R1 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side) For R2 : Mr.Prabhu Selva Kumar 1/5

O RDER This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.87 of 2021 on the file of the learned Judicial Magistrate No.I, Kuzhithurai, based on the complaint given by the second respondent.

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.243 of 2010 for the offences punishable under Sections 147, 148, 324, 395, 397 and 506(ii) IPC, against the petitioner. It appears that it is a civil dispute between the parties. 3.The further contention of the petitioner 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 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 Additional Public Prosecutor and the 2/5

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 compromise memo, dated 14.08.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in C.C.No.87 of 2021 pending on the file of the learned Judicial Magistrate No.I, Kuzhithurai, is quashed and the compromise memo is recorded.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.87 of 2021, pending on the file of the learned Judicial Magistrate No.I, Kuzhithurai is hereby quashed in respect of the petitioner and the terms of joint compromise memo shall form part of this order.

28.11.2023 Index : Yes/No Internet : Yes/No vsg 3/5

To 1.The Judicial Magistrate No.I, Kuzhithurai.

2.The Inspector of Police, Kaliyakkavilai Police Station, Kanyakumari District.

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

4/5

G.ILANGOVAN. J.

vsg 28.11.2023 5/5