Madras High CourtCRL OP(MD)/6318/2021allowed

Raja v. The Sub Inspector Of Police

2021-08-25Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.6318 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.6318 of 2021 Raja ... Petitioner/Sole Accused Vs.

1.The Sub Inspector of Police, Thiruvegampet Police Station, Sivagangai District.

Crime No.72 of 2019.

2.Shanthi ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating to Crime No.72 of 2019 pending on the file of the 1st respondent police and quash the same. For Petitioners : Mr.S.Pugalendhi For Respondents : Mr.K.Sanjai Gandhi Government Advocate (Criminal Side) for R1 Mr.A.Balakrishnan and V.Karthigaipriya for R2

O R D E R

This petition has been filed seeking to call for the records relating to Crime No.72 of 2019 pending on the file of the 1st respondent police and quash the same.

2.The contention of the petitioner and the second respondent is that based on the complaint lodged by the second respondent, the first respondent registered First Information Report in Crime No.72 of 2019 for the offences punishable under Sections 294(b), 352, 506 (ii) of I.P.C., against the petitioner.

3.The further contention of the petitioner is that he entered into compromise with the second respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioner, the second respondent and also by their respective counsels. 4.The petitioner and the second respondent appeared through video conference before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Government Advocate and by the investigating officer. Both https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.6318 of 2021 the parties to compromise 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, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in Crime No.72 of 2019 pending on the file of the 1st respondent, is quashed. The compromise memo is recorded. 6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.72 of 2019 pending on the file of the 1st respondent, is hereby quashed in respect of the petitioner and the terms of joint compromise memo shall form part of this order. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar (CS-II) // 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 1.The Sub Inspector of Police, Thiruvegampet Police Station, Sivagangai District.

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

Crl.O.P.(MD)No.6318 of 2021 25.08.2021 RK (02.09.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2