Ajaynath v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.7642 of 2023 and Crl.M.P(MD).No.6658 of 2023 Ajayanth ... Petitioner Vs.

1.The State of Tamilnadu represented by The Sub Inspector of Police, Nithiravilai Police Station, Kanyakumari District.

2.Anju ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records relating to the Charge sheet in C.C.No.243 of 2019 pending on the file of the Judicial Magistrate-II, Kuzhithurai and quash the same as against the petitioner is concerned.

For Petitioner : Mr.N.Kamesh For R1 : Mr.B.Nambiselvan Additional Public Prosecutor For R2 : Mr.Pandiyarajan 1/4

ORDER

This petition has been filed to call for the records relating to the Charge sheet in C.C.No.243 of 2019 pending on the file of the Judicial Magistrate-II, Kuzhithurai and quash the same as against the petitioner is concerned.

2. On the basis of the compromise reached between the parties, the co-accused, namely, 1 to 3 have filed Crl.O.P(MD).No.16490 of 2021 before this Court to quash proceedings in C.C.No.243 of 2019 pending on the file of the learned Judicial Magistrate No.II, Kuzhithurai. This Court by the order dated 11.03.2023, quashed Charge sheet against the accused namely 1 to 3.

3. The learned counsel for the petitioner submitted that the benefit of the above said order can be extended to this petitioner also, since this petitioner is also standing on the same footing, on that ground, this petition can be allowed.

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4. The learned counsel for the second respondent/defacto complainant submitted that compromise was reached between the parties and they are residing separately.

5. In the result, the Criminal Original petition is allowed and the proceedings in C.C.No.243 of 2019 pending on the file of the Judicial Magistrate-II, Kuzhithurai, is quashed as against the petitioner also, since he is also standing in the very same footing. Consequently, the connected miscellaneous petition is closed.

25.04.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No tta To 1.The Sub Inspector of Police, Nithiravilai Police Station, Kanyakumari District.

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

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G.ILANGOVAN,J tta Order made in Crl.O.P.(MD)No.7642 of 2023 Dated: 25.04.2023 4/4