Madras High CourtCRL OP(MD)/6170/2021allowed

Praveen @ Praveenkumar v. The Inspector Of Police

2021-08-24Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.6170 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.6170 of 2021 Praveen @ Praveenkumar .. Petitioner/Sole Accused Vs.

1.State represented by The Inspector of Police, Koodal Puthoor Police Station, Madurai.

In Crime No.1127 of 2019 .. Respondent/Complainant 2.Ajith Kumar .. Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code to call for the records pertaining to the impugned charge sheet in C.C.No.808 of 2020 on the file of the learned Judicial Magistrate No.IV, Madurai District and quash the same.

For Petitioner : Mr.K.Navaneetha Raja For R1 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side) For R2 : Mr.Mohamed Yusuf

ORDER

This petition is filed seeking quashment of the charge sheet in C.C.No.808 of 2020 on the file of the learned Judicial Magistrate No.IV, Madurai District.

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.1127 of 2019 for the offences punishable under Section 324 of IPC against the petitioner. 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 through video conference from the Office of the Government Advocate (Crl.Side) 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.6170 of 2021 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 19.04.2021, 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.808 of 2020 pending on the file of the learned Judicial Magistrate No.IV, Madurai District, 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.808 of 2020 pending on the file of the learned Judicial Magistrate No.IV, Madurai District, stands quashed and the terms of joint compromise memo shall form part of this order.

Sd/- Assistant Registrar (CSIII) // True Copy // / /2021 Sub Assistant Registrar(CS) mm Note: 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 ENCL Xerox Copy of Joint Compromise Memo 1.The Judicial Magistrate No IV Madurai.

2.The Inspector of Police, Koodal Puthoor Police Station, Madurai.

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

Crl.O.P.(MD)No.6170 of 2021 24.08.2021 ES(CO) KB(02.09.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2