Pramenath v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN 1.Pramenath 2.Ragul 3.Sankaralingam ... Petitioner/Accused Nos.1 to 3 Vs.

1.State rep. by The Inspector of Police, Madagupatti Police Station, Sivagangai District.

(Crime No.236 of 2021) .. 1st Respondent/Complainant 2.Chellapandi ... 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records and proceedings relating to the charge sheet in C.C.No.125 of 2021 on the file of the Learned Judicial Magistrate Court No.1, Sivagangai, Sivagangai District, and quash the same.

For Petitioners : Mr.B.Santhanam Rajesh Kumar For Respondents : Mr.K.Nambiselvan for R1 Additional Public Prosecutor Mr.M.Neethidevan for R2 1/5

ORDER

This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.125 of 2021 on the file of the learned Judicial Magistrate No.I, Sivagangai.

2.The contention of the petitioners is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.236 of 2021 for the offences punishable under Sections 294(b), 324, 506(ii) of IPC, against the petitioners. 3.The further contention of the petitioners 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 petitioners and the 2nd respondent and also by their respective counsels. 4.The petitioners 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 2/5

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 10.04.2023, 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 C.C.No.125 of 2021 pending on the file of the learned Judicial Magistrate No.I, Sivagangai in respect of the petitioners.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.125 of 2021, pending on the file of the learned Judicial Magistrate No.I, Sivagangai, is hereby quashed in respect of the petitioners alone. The compromise memo is recorded and the terms of joint compromise memo shall form part of this order. 07.06.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM 3/5

To 1.The Judicial Magistrate No.I, Sivagangai, Sivagangai District. 2.The Inspector of Police, Madagupatti Police Station, Sivagangai District.

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

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G.ILANGOVAN ,J.

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