Madras High CourtCRL OP(MD)/8005/2021allowed

Vinoth v. The Inspector Of Police

2021-09-16Honourable Mr Justice G.Ilangovan2 pages

Crl.OP(MD)No.8005 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.09.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.OP(MD)No.8005 of 2021 1.Vinoth 2.Kalaiselvan 3.Vivek 4.Jey @ Jeyakumar ... petitioners/Accused Nos.1 to 4 vs.

1.The State rep by The Inspector of Police, Manapparai Police Station, Trichy District.

(Crime No.238 of 2021) ... 1st Respondent/Complainant 2.Mohan Doss ... 2nd Respondent /Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.238 of 2021 on the file of the 1st respondent and quash the same. For petitioners : Mr.S.Shanmugam For R1 : Mr.K.Sanjai Gandhi Government Advocate(Criminal Side) For R2 : Mr.Joel Paul Antony

O R D E R

This petition has been filed to quash Crime No.238 of 2021 on the file of the Inspector of Police, Manapparai Police Station, Trichy District.

2.It is a case in counter case. The contention of the petitioners and the second respondent is that based on the complaint lodged by the second respondent, the first respondent registered First Information Report in Crime No.238 of 2021 for the offences punishable under Section 294 (b), 323 & 506 (i) of IPC, against the petitioners.

3.The further contention of the petitioners is that they compromised the issue with the second respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the second respondent and also by their respective counsels.

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Crl.OP(MD)No.8005 of 2021 4.The petitioners and the second respondent appeared through video conference from the office of the learned Government Advocate (Criminal side) before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Government Advocate (Criminal side) and Mr.Mr.S.Robert Roose Welt,Sub-Inspector of Police, Inspector of Police, Manapparai Police Station, Trichy District. 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 16.01.2021, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in Crime No.238 of 2021, pending on the file of the Inspector of Police, Manapparai Police Station, Trichy District, is quashed and the compromise memo is recorded.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.238 of 2021, pending on the file of the Inspector of Police, Manapparai Police Station, Trichy District, is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order. Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) dss Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To Enclose Joint Compromise Memo.

1. The Inspector of Police, Manapparai Police Station,Trichy District.

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

Crl.OP(MD)No.8005 of 2021 16.09.2021 RK (29.09.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2