Muthuarasu v. The Sub Inspector Of Police
Crl.O.P.(MD)No7532 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.7532 of 2021 Muthuarasu ... Petitioner/ Sole Accused Vs.
1.The State, Sub-Inspector of Police, Vengamedu Police Station, Karur District.
(In Crime No.315 of 2019) ... 1st Respondent/ Complainant 2.Babu ... 2nd Respondent/ Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C, to call for entire records pursuant to the charge sheet in C.C.No.117 of 2020 on the file of Judicial Magistrate No.1, Karur in FIR No.315 of 2019 on the file of first respondent and quash the same.
For Petitioner : Mr.S.Gokulraj For R-1 : Mr.K.Sanjai Gandhi Government Advocate For R-2 : Mr.S.Prabha
O R D E R
This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.117 of 2020 on the file of the learned Judicial Magistrate No.I, Karur.
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.315 of 2019 for the offences punishable under Sections 387 and 506(ii) of IPC against the petitioner. It appears that the defacto complainant and the accused person are residing in the same village and compromise was arrived between them.
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.
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Crl.O.P.(MD)No7532 of 2021 4.The petitioner and the 2nd respondent appeared through video conference from the Office of the Additional Public Prosecutor (Crl.Side) 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 compromise memo, dated 09.04.2021, 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.
117 of 2020 pending on the file of the learned Judicial Magistrate No.I, Karur 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.117 of 2020, pending on the file of the learned Judicial Magistrate No.I, Karur is hereby quashed in respect of the petitioner and the terms of joint compromise memo shall form part of this order. Sd/- Assistant Registrar (A.D.II) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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 Judicial Magistrate No.I, Karur.
2.The Sub-Inspector of Police, Vengamedu Police Station, Karur District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.S.GOKUL RAJ, Advocate ( SR-31430[F] dated 06/10/2021 ) Crl.O.P.(MD)No.7532 of 2021 05.10.2021 RD(27.10.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2