Baskar v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Baskar ... Petitioner/Sole Accused Vs.

1.The State: rep. by The Sub Inspector of Police, Eruvadi Police Station, Tirunelveli District.

(Crime No.175 of 2018) ... 1st Respondent/Complainant 2.Muthukrishnan ... 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the impugned charge sheet in C.C.No.130 of 2019 on the file of the Judicial Magistrate, Nanguneri, and quash the same as against the petitioner is concerned. For petitioner : Mr.G.Aravinthan For Respondents : Mr.B.Nambiselvan for R1 Additional Public Prosecutor Mr.R.Jenifarbibin for R2 O R D E R This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.130 of 2019 on the file of the learned Judicial Magistrate, Nanguneri.

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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.175 of 2018 for the offences punishable under Sections 294(b), 506(ii) of IPC and Section 4 of TNPHW Act, 2002 against this 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 Additional Public Prosecutor 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 2/4

compromise memo, dated 31.03.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending and inclined to quash all further proceedings in C.C.No.130 of 2019 pending on the file of the learned Judicial Magistrate, Nanguneri in respect of the petitioner.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.130 of 2019, pending on the file of the learned Judicial Magistrate, Nanguneri 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. 31.03.2023 Index : Yes/No Internet : Yes/No TM To 1.The Sub Inspector of Police, Eruvadi Police Station, Tirunelveli District.

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

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G.ILANGOVAN. J.

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