M.Devadhas v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.04.2023 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN 1.M.Devadhas 2.Muthu 3.Petchimuthu ... Petitioners/Accused Nos.1 to 3 Vs.

1.State through The Inspector of Police, District Crime Branch, (Crime No.13 of 2018) ...1st Respondent/Complainant 2.Levin Miranda ...2nd Respondent/De-facto complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in pertaining to the case in C.C.No. 962 of 2019 on the file of the Learned Judicial Magistrate No.I, Tirunelveli and quash the same.

For Petitioners : Mr.Vinayagan.K For R1 : Mr.B.Nambiselvan Additional Public Prosecutor For R2 : Mr.A.Selvaraj 1/5

O R D E R

These petitions have been filed seeking to quash the impugned charge sheet in C.C.No.962 of 2019 on the file of the Judicial Magistrate No.I, 2.The contention of the petitioners is that based on the complaints lodged before the 1st respondent, the First Information Report has been registered in Crime No.13 of 2018 on the file of the first respondent for the offences punishable under Sections 406, 420 IPC against the accused. After completion of investigation, charge sheet has been filed in C.C.No.962 of 2019 on the file of the Judicial Magistrate No.I, Tirunelveli. 3.The further contention of the petitioners 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 petitioners and the 2nd respondent and also by their respective counsels.

4.The petitioners and the 2nd respondent appeared before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the Additional Public Prosecutor and the Investigation 2/5

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 petitioners and also in view of the joint compromise memo, dated 11.04.2023, this Court is of the opinion that no useful purpose will be served by keeping the matters pending and inclined to quash all further proceedings in C.C.No.962 of 2019 on the file of the Judicial Magistrate No.I, Tirunelveli in respect of the petitioners. 6.In the result, the Criminal Original Petition stands allowed and the charge sheet in C.C.No.962 of 2019 on the file of the Judicial Magistrate No.I, Tirunelveli is hereby quashed in respect of the petitioners. The compromise memo is recorded and the terms of joint compromise memo shall form part of this common order.

27.04.2023 Index : Yes/No Internet:Yes/No tta/CM 3/5

To 1.The Inspector of Police, District Crime Branch, (Crime No.13 of 2018)

2. The Judicial Magistrate No.I, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN, J., tta 27.04.2023 5/5