Madras High CourtCRL OP(MD)/7868/2023allowed

Ramalingadurai 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 Ramalingadurai ... Petitioner/ Sole Accused Vs.

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

(Crime No.313 of 2022) ... 1st Respondent / Complainant 2.Kannan ... 2nd Respondent/ Defacto complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertain to charge sheet in C.C.No. 16 of 2023 filed against the petitioner under Sections 294(b), 353 and 506 (i) of I.P.C on the file of the Judicial Magistrate, Radhapuram, Tirunelveli District and to quash the same.

For Petitioner : Mr.V.Rajiv Rufus For R1 : Mr. S. Manikandan Government Advocate (Crl Side) For R2 : Mr.E.Johnson 1/4

ORDER

This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.16 of 2023, on the file of the Judicial Magistrate, Radhapuram, Tirunelveli District.

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.313 of 2022 for the offences punishable under Sections 294(b), 352 and 506(i) of I.P.C. against the petitioner.

3. The further contention of the petitioner 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 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. 2/4

5. Considering the totality of the circumstances, the nature of the allegations levelled against the petitioner and also in view of the joint compromise memo, 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.16 of 2023, on the file of the Judicial Magistrate, Radhapuram, Tirunelveli District, in respect of the petitioner.

6. In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.16 of 2023, on the file of the Judicial Magistrate, Radhapuram, Tirunelveli District, is hereby quashed in respect of the petitioner alone. The joint compromise memo is recorded and the terms of joint compromise memo shall form part of this order. 22.06.2023 NCC : Yes/No Index : Yes/No Internet:Yes/No Ls 3/4

G.ILANGOVAN, J., Ls To 1.The Judicial Magistrate, Radhapuram, Tirunelveli District.

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

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

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