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Madras High CourtCRL OP(MD)/8384/2023allowed

Ganesan v. The Sub Inspector Of Police

2023-10-09Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.8384 of 2023 and Crl.M.P(MD)Nos.7303 and 7304 of 2023 Ganesan ... Petitioner Vs

1. The Sub Inspector of Police, Pazhavur Police Station, Pazhavoor, Tirunelveli District. (Crime No.256/2022).

2. Jeba Shonu ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, calling the records pertaining to C.C.No.51 of 2023 on the file of the learned Judicial Magistrate, Valliyoor, Tirunelveli District and quash the same as against this petitioner.

For petitioner : Mr.J.Vishnu For R1 : Mr.R.Sureshkumar Government Advocate (Crl.Side) For R2 : Mr.C.Susikumar 1/5

O RDER This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.51 of 2023 on the file of the learned Judicial Magistrate, Valliyoor, Tirunelveli District. 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.256 of 2022 for the offences punishable under Sections 294(b), 323, 427 of IPC, against the petitioner. It appears that there is a small issue between the parties. 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. 4.

The petitioner and the 2nd respondent appeared before this Court along with their counsels and also produced their Aadhar cards. They were identified by the learned Government Advocate (Crl.Side) and the Investigation Officer. They were also appeared before the High Court Legal Services Committee, Madurai.

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 and inclined to quash all further proceedings in C.C.No.51 of 2023 pending on the file of the learned Judicial Magistrate, Valliyoor, Tirunelveli District in respect of the petitioner .

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.51 of 2023, pending on the file of the learned Judicial Magistrate, Valliyoor, Tirunelveli District is hereby quashed in respect of the petitioner. The compromise memo is recorded and the terms of joint compromise memo shall form part of this order. Consequently, connected miscellaneous petitions are closed. 09.10.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No PNM 3/5

To 1.The Judicial Magistrate, Valliyoor, Tirunelveli District.

2. The Sub Inspector of Police, Pazhavur Police Station, Pazhavoor, Tirunelveli District. (Crime No.256/2022).

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

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G.ILANGOVAN. J.

PNM ORDER IN and Crl.M.P(MD)Nos.7303 and 7304 of 2023 09.10.2023 5/5