Deepan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Deepan ... Petitioners/Accused No 2 Vs.

1. The Inspector of Police Oomachikulam Police Station, Madurai, Madurai District.

... Respondent /Complainant

2. Periyakaruppan ... Respondent /Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, To call for the records pertaining to the case in SC.No.110/2022 on the file of 1st Additional Subordinate Court Madurai and quash the same.

For Petitioner : Mr. S. Ramasamy For R1 : Mr.R. Suresh Kumar Govt Advocate (Criminal side) For R2 : Mr. K. Sakthi Arul Mani 1/4

ORDER

This Criminal Original Petition has been filed seeking to quash the charge sheet in S.C.No. 110 of 2022 pending on the file of the I Additional Subordinate Court, Madurai.

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.114 of 2019 for the offences punishable under Sections 341, 294(b), 323, 307 and 506(ii) of IPC, against the petitioner. It appears that there is a civil dispute between the parties. 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 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 2/4

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 31.03.2023, 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 S.C.No. 110 of 2022 pending on the file of the I Additional Subordinate Court, Madurai, in respect of the petitioner.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in S.C.No. 110 of 2022 pending on the file of the I Additional Subordinate Court, Madurai, is hereby quashed in respect of the petitioner alone. The compromise memo is recorded and the terms of joint compromise memo shall form part of this order. 27.06.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No pnn 3/4

G.ILANGOVAN,J pnn To 1.The I Additional Subordinate Court Madurai. 2.The Inspector of Police Oomachikulam Police Station, Madurai, Madurai District.

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

Order made in Dated: 27.06.2023 4/4