Joseph Raj v. The Sub Inspector Of Police

1 Crl.O.P.(MD)Nos.9202 & 13724 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)Nos.9202 & 13724 of 2020 1.Joseph Raj 2.Gnana Dhas 3.Francies 4.Dhason 5.Anto Jegan 6.Punitha 7.Paranjothi 8.Vargeesh 9.Antoni 10.Jeya Seelan ... Petitioners/Accused Nos.1 to 10 in Crl OP(MD)No.9202 of 2020 11.Anandh @ Varuvel Anandh 12.Ruban @ Kilbert Ruban 13.Dominic 14.Bose @ Rejin Antony Bose 15.Sajin Rosed @ Sajin Jerold 16.Alex @ John Alex 17.Jegadheesh 18.Sajin ... Petitioners 11 to 18/Accused Nos.12 to 18 in Crl.O.P(MD)No.9202 of 2020 Valan Anish ... Petitioner/ Accused No.11 in Crl.O.P(MD)No.13724 of 2020 Vs.

1.State Rep by The Sub Inspector of Police, Marthandam Police Station, Marthandam, Kanyakumari District.

(In Crime No.97 of 2019)

...Respondent No.1/Complainant

2.Manoharan

...Respondent No.2/Defacto

Complainant in both petitions COMMON PRAYER: Petition filed under Section 482 of Code of Criminal Procedure, to call for the records in C.C.No.479 of 2019, pending on the file of the learned Judicial Magistrate No.I, Kuzhithurai, Kanyakumari District and quash the same in respect of the petitioners/Accused Nos.1 to10, 12 to 18 and Petitioner / Accused No.11, respectively.

In both petitions For Petitioners :

Mr.C.Kishore

2 Crl.O.P.(MD)Nos.9202 & 13724 of 2020 For R1 :

Mr.V.Neelakandan Additional Public Prosecutor For R2 :

Mrs.J.Shakila COMMON ORDER These Criminal Original Petitions have been filed to quash the C.C.No.479 of 2019, pending on the file of the learned Judicial Magistrate No.I, Kuzhithurai, Kanyakumari District in respect of the petitioners/Accused Nos.1 to 19.

2.The second respondent / defacto complainant, as well as the petitioners/accused are present before this Court and they are identified by the respective learned counsel and both the parties have filed a joint compromise memo stating that the matter has been amicably resolved between themselves and the second respondent / defacto complainant is not willing to prosecute the complaint and therefore, the petitioner would pray for quashing of the proceedings in C.C.No.479 of 2019 pending on the file of the learned Judicial Magistrate No.I, Kuzhithurai, Kanyakumari District. 3.The compromise memo is filed before this Court and the parties along with their respective counsel are also personally present before this Court today (16.12.2020) and the defacto complainant has represented before this Court that the matter has been settled amicably between the parties. The learned Additional Public Prosecutor who was present in the Court had also verified their identity and would state that he has no objection for the above compromise.

4.In the result, by recording the compromise, these Criminal Original Petitions are allowed and the proceedings in C.C.No.479 of 2019 pending on the file of the learned Judicial Magistrate No.I, Kuzhithurai, Kanyakumari District, are quashed. The joint compromise memo shall form part and parcel of this order. Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) rm 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.

3 Crl.O.P.(MD)Nos.9202 & 13724 of 2020 Encl: Photocopy of the Joint Compromise memo. To 1)The Judicial Magistrate No.I, Kuzhithurai,Kanyakumari District.

2)The Sub Inspector of Police, Marthandam Police Station, Marthandam, Kanyakumari District.

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

+7 CCs to M/s.C.KISHORE, Advocate ( SR-23971,25895,25896,23970) Crl.O.P.(MD)Nos.9202 & 13724 of 2020 DATED : 16.12.2020 KUN(CO) AP(23/12/2020) 3P 11C