Sankar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.04.2023 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Sankar ... Petitioner Vs.

1.State rep. by The Inspector of Police, DCB Police Station, Thanjavur District 2.S.Rajarajan ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the impugned charge sheet in C.C.No.228 of 2022 pending on the file of the Judicial Magistrate-II, Thanjavur District and quash the same in respect of the petitioner. For Petitioner : Mr.A.Arun Prasad For R1 : S. Manikandan Government Advocate (Crl Side)

ORDER

This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.228 of 2022 pending on the file of the Judicial Magistrate-II, Thanjavur District.

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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.06 of 2020 for the offences punishable under Sections 447, 420, 471, 477-A, 120-B and 468 of IPC, against the petitioner. 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 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 compromise memo, dated 06.04.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending and inclined to 2/4

quash all further proceedings in C.C.No.228 of 2022 pending on the file of the Judicial Magistrate-II, Thanjavur District in respect of the petitioner. 6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.228 of 2022 pending on the file of the Judicial Magistrate-II, Thanjavur District, is hereby quashed in respect of the petitioner alone. The compromise memo is recorded and the terms of joint compromise memo shall form part of this order. 06.04.2023 Index : Yes/No Internet:Yes/No tta To 1.The Inspector of Police, DCB Police Station, Thanjavur District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN, J., tta 06.04.2023 4/4