M.Vijay v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2022

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN M.Vijay

...Petitioner/Accused

Vs.

1.State Represented by The Inspector of Police, R.S.Mangalam Police Station, Ramanathapuram District.

(In Crime No.199/2022). ...1st Respondent/Complainant

2. M.Kala ...2nd Respondent/Defacto Complainant

3. Mohan ...3rd respondent/Victim 4.R.Nithyashree ...4th respondent/Victim PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the S.T.C No.40 of 2023 on the file of the Judicial Magistrate Court, Thiruvadanai, and quash the same.

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For Petitioner : Mr.V.Panneer Selvam For R1 : Mr.B.Nambiselvan Additional Public Prosecutor For R2 to R4 : Mr.K.Ramanathan

ORDER

This Criminal Original Petition has been filed seeking to quash the charge sheet in S.T.C No.40 of 2023 on the file of the Judicial Magistrate Court, Thiruvadanai.

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.199 of 2022 for the offences punishable under Sections 279, 337 and 338 of IPC, against the petitioner. One of the victim Nithyasree is minor, on her behalf, her mother/2nd respondent making compromise with the 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 2/5

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 compromise memo, dated 10.04.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in S.T.C No.40 of 2023 pending on the file of the Judicial Magistrate Court, Thiruvadanai, is quashed and the compromise memo is recorded.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in S.T.C No.40 of 2023, pending on the file of the 3/5

Judicial Magistrate Court, Thiruvadanai, is hereby quashed in respect of the petitioner and the terms of joint compromise memo shall form part of this order.

11.04.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Indu To

1. The Judicial Magistrate Court, Thiruvadanai.

2. The Inspector of Police, R.S.Mangalam Police Station, Ramanathapuram District.

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

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G.ILANGOVAN ,J.

Indu Order made in Dated: 11.04.2023 5/5