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Madras High CourtCRL OP(MD)/21862/2016allowed

Dinesh @ Dinesh Raja v. The Inspector Of Police,

2016-11-17Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.21862 of 2016 Dinesh @ Dinesh Raja ... Petitioner/A7 -vsState rep. by 1.

The Inspector of Police, Thalaiyuthu Police Station, Tirunelveli District In Crime No.92 of 2011 ... 1st Respondent/Complainant 2.

Mayandi @ Madhan ...2nd Respondent/Defacto Complainant Prayer: Petition filed under Section 482 of Code of Criminal Procedure to call for the records relating to the Charge Sheet in C.C.No.343 of 2016 on the file of the Judicial Magistrate No.III, Tirunelveli District and quash the same.

For Petitioner :

Mr.S.Sanjai Gandhi For R1 :

Mr.P.Kannithevan Government Advocate(Crl.side) For R2 :

Mr.D.Anbarasu

O R D E R

This petition has been filed seeking to quash the Charge Sheet in C.C.No.343 of 2016 on the file of the Judicial Magistrate No.III, Tirunelveli District.

2. It is seen that a case in Crime No.92 of 2011 for the offences under Sections 147, 294(b), 323, and 506(ii) IPC has been registered against the petitioner/A7.After completion of investigation, charge sheet has been filed and the same has been taken on file in C.C.No.343 of 2016 for the offences under Sections 147, 294(b), 323, and 506(i) IPC and 109 IPC on the file of the learned Judicial Magistrate No.III, Tirunelveli District, Tirunelveli.

3. When the matter is taken up for hearing, the petitioner/A7 and the second respondent, appeared in person and their identifications were also verified by this Court. Learned counsel appearing for the parties also endorsed the identity of their respective parties.

4. The learned counsel appearing on either side filed a joint memo of compromise dated 10.11.2016, duly stating that since the https://hcservices.ecourts.gov.in/hcservices/

parties have arrived at an amicable settlement by way of compromise among themselves, the second respondent has agreed to quash C.C.No.343 of 2016 on the file of the learned Judicial Magistrate No.III, Tirunelveli District, Tirunelveli. 5.Considering the nature of allegations and in view of joint memo of compromise dated 10.11.2016, this Court is of the opinion that no useful purpose would be served in keeping the proceeding pending. Therefore, the Charge Sheet C.C.No.343 of 2016 on the file of the learned Judicial Magistrate No.III, Tirunelveli District, Tirunelveli, is hereby quashed.

6. Accordingly, this Criminal Original Petition is allowed on the basis of the compromise entered into between the parties. The joint compromise memo dated 10.11.2016 shall form part of this order.

Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar CM To:

Encl: XEROX COPY OF COMPROMISE MEMO 1.

The Inspector of Police, Thalaiyuthu Police Station,Tirunelveli District 2.

The Judicial Magistrate No.III, Tirunelveli District, Tirunelveli 3.

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

+1cc to Mr.D.Anbarasu, Advocate Sr.No. 69910 +1cc to M/S.Na.Palaniyandi, Advocate SR.No.70062 Crl.O.P.(MD) No.21862 of 2016 17.11.2016 JAM/05.12.16/Ss 2/2P-6C https://hcservices.ecourts.gov.in/hcservices/