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Madras High CourtCRL OP(MD)/7770/2023allowed

Nagaraja v. The Inspector Of Police

2023-06-22Honourable Mr Justice G.Ilangovan4 pages

[BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.06.2023 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Nagaraja ... Petitioner / Sole accused Vs.

1. State rep. by The Inspector of Police, Koodankulam Police Station, Tirunelveli District.

... 1st Respondent / Complainant 2.Thangavelu ... 2nd Respondent/ Defacto complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in respect of Crime No.218 of 2020, on the file of the first respondent and to quash the same. For Petitioner : Mr.D.Venkatesh For R1 : Mr.B.Nambiselvan Additional Public Prosecutor For R2 : Mr.T.Lenin Kumar

ORDER

This Criminal Original Petition has been filed seeking to quash the F.I.R in Crime No.218 of 2020, on the file of the first respondent. 1/4

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.218 of 2020 for the offences punishable under Sections 295-A, 153-B, 504 of I.P.C and Section 67-A of the Information Technology Act, against the petitioner.

3. The further contention of the petitioner is that the petitioner 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 Government Advocate (Crl Side) and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Joint 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 compromise memo, this Court is of the opinion that no useful purpose will be served by 2/4

keeping the matter pending and inclined to quash the F.I.R in in Crime No. 218 of 2020, on the file of the first respondent, in respect of the petitioner.

6. In the result, the Criminal Original Petition stands allowed and the F.I.R in Crime No.218 of 2020, on the file of the first respondent, is hereby quashed in respect of the petitioner alone. The compromise memo is recorded and the terms of compromise memo shall form part of this order. 22.06.2023 NCC : Yes/No Index : Yes/No Internet:Yes/No Ls To

1. The Inspector of Police, Koodankulam Police Station, Tirunelveli District.

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

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G.ILANGOVAN, J., Ls 22.06.2023 4/4