Dilipkumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN 1.Dilip Kumar 2.Suresh ... Petitioners/Accused 1 & 2 Vs.
1.The Inspector of Police, B-1, Town Police Station, Ramanathapuram, Ramanathapuram District.
Crime No.318 of 2011. ...1st Respondent/Complainant 2.Chellapandiyan ...2nd Respondents/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the entire records in relating to the impugned charge sheet in C.C.No.63 of 2020 on the file of the learned Judicial Magistrate No.1, Ramanathapuram and to quash the same. For Petitioners : Mr.M.S.Jeyakarthik For Respondent 1 : Mr.R.M.Anbunithi Additional Public Prosecutor.
Respondent 2 : Mr.S.Vishyasagar
O R D E R
This Criminal Original Petition is filed to call for the entire records in relating to the impugned charge sheet in C.C.No.63 of 2020 on the file of the learned Judicial Magistrate No.1, Ramanathapuram and to quash the same.
2. The case of the prosecution is that on 15.10.20211 at about 12.00 noon, the defacto complainant and his party's functionaries were doing campaigning. Due to the political motive, the accused persons attacked the defacto complainant with iron rods and caused life threat to the defacto complainant. On the basis of the complaint given by the defacto complainant, a case in Crime No.318 of 2011 has been registered and investigation was undertaken. After completing the investigation, the final report was also filed before the learned Judicial Magistrate No.1, Ramanathapuram for the offence under Sections 294(b), 324 & 506(ii) of IPC.
3. Seeking quashment of the charge sheet, this petition has been filed and along with the quash petition, a Joint Memo of Compromise has also been filed before this Court, which is also signed by the accused as well as the defacto complainant along with 1/3
their respective counsels.
4. When the matter is taken up for hearing, the defacto complainant and the accused, who are the petitioners herein, are present before this Court from the learned Additional Public Prosecutor's office through Video-conferencing. The respective counsels of the parties are also present and the parties were identified by the Inspector of Police namely K.Velaganeshpandiyan. On the enquiry made by the Court, the defacto complainant submitted that because of the political motive, the dispute arose between them and the complaint has been given by him and settled themselves, since they are relatives.
5. Since the matter has been compromised between the parties, there is no necessity for ordering the trial. Recording the Joint Memo of Compromise, this Criminal Original Petition stands allowed and C.C.No.63 of (*)2020 on the file of the learned Judicial Magistrate No.I, Ramanathapuram stands quashed. Sd/- Assistant Registrar (CO) (*)Corrected as per order of this court dated 07.07.2021 Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) ssb 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 (*) To be Substituted to the order already despatched on 02.07.2021 1.The Judicial Magistrate No I, Ramanapuram. 2.The Inspector of Police, B-1, Town Police Station, Ramanathapuram, Ramanathapuram District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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+1 CC to M/s.M.S.JEYAKARTHIK, Advocate ( SR-21005[F] dated 02/07/2021 ) 01.07.2021 KB(02.07.2021) 3P 5C 3/3