Prabhakar @ Prabhakaran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.04.2023 CORAM :
THE HONOURABLE Mr. JUSTICE G.ILANGOVAN In Crl.O.P(MD)No.7796 of 2023:
1.Prabhakar @ Prabhakaran 2.Aravind 3.Madasamy ... Petitioners/Accused 1, 3 and 4 Vs.
1.State Represented through the Inspector of Police, (Crime No.197 of 2016) ..1st Respondent/Complainant 2.Mayan @ Vannaramadan ...2nd Respondent/Defacto complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records relating to the impugned charge sheet in C.C.NO.117 of 2020 on the file of the Judicial Magistrate Court, Cheranmahadevi, Tirunelveli District in connection with Crime No. 197 of 2016 on the file of the first respondent police and quash the same as illegal.
For Petitioners : Mr.N.Saravanan For R1 : Mr.R.Suresh Kumar Government Advocate (Crl.side) For R2 : Mr.S.Sathya Chidambaram 1/6
In Crl.O.P(MD)No.7825 of 2023:
1.Maya @ Vannaramadan 2.Avudiyappan 3.Pichaikannu @ Manda 4.Deva ... Petitioners/Accused 1 to 4 Vs.
1.State Represented by The Inspector of Police, (Crime No.198 of 2016) ..1st Respondent/Complainant 2.Arunachalam ...2nd Respondent/Defacto complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records relating to the impugned charge sheet in C.C.NO.118 of 2020 on the file of the Judicial Magistrate Court, Cheranmahadevi, Tirunelveli District in connection with Crime No. 198 of 2016 on the file of the first respondent police and quash the same as illegal.
For Petitioners : Mr.S.Sathya Chidambaram For R1 : Mr.B.Nambiselvan Additional Public Prosecutor For R2 : Mr.N.Saravanan C O M M O N O R D E R These petitions have been filed seeking to quash the impugned charge sheet in C.C.Nos.117 and 118 of 2020 on the file of the Judicial Magistrate Court, Cheranmahadevi, Tirunelveli District.
2/6
2.The contention of the petitioners is that based on the complaints lodged before the 1st respondent, the First Information Reports have been registered in Crime No.198 of 2016 on the file of the first respondent for the offences punishable under Sections 294(b) and 506(i) IPC and in Crime No. 197 of 2016 on the file of the first respondent for the offence under Sections 294(b), 323, 324 and 506(ii) IPC against the accused. After completion of investigation, charge sheets have been filed in C.C.Nos.117 of 2020 and 118 of 2020 on the file of the Judicial Magistrate Court, Cheranmahadevi, Tirunelveli District 3.The further contention of the petitioners is that they compromised the issue among them amicably. Separate joint memos of compromise were filed, which have been duly signed by the respective parties and also by their respective counsels.
4. The parties appeared before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Government Advocate (Crl. side) and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memos are recorded.
3/6
5.Considering the totality of the circumstances, the nature of the allegations levelled against the petitioners and also in view of the joint compromise memos, dated 24.04.2023 and 25.04.2023, this Court is of the opinion that no useful purpose will be served by keeping the matters pending and inclined to quash all further proceedings in C.C.Nos.117 of 2020 and 118 of 2020 on the file of the Judicial Magistrate Court, Cheranmahadevi, Tirunelveli District in respect of these petitioners. 6.In the result, the Criminal Original Petitions stand allowed and the charge sheets in C.C.Nos.117 of 2020 and 118 of 2020 on the file of the Judicial Magistrate Court, Cheranmahadevi, Tirunelveli District are hereby quashed in respect of the petitioners. The compromise memos are recorded and the terms of joint compromise memos shall form part of this common order.
27.04.2023 Index : Yes/No Internet:Yes/No tta/CM 4/6
To 1.Inspector of Police, (Crime Nos.197 and 198 of 2016) 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
5/6
G.ILANGOVAN, J., tta 27.04.2023 6/6