Nagaraj v. The Sub 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.7889 of 2023:
1.Nagaraj 2.Arumugam 3.Suresh 4.Ramar 5.Rasu 6.Nagaraj 7.Thirumurugan 8.Rajendran 9.Shanmugathai 10.Ponammal ... Petitioners/Accused 1 to 10 Vs.
1.The State Represented through the Sub-Inspector of Police, (In Crime No.68 of 2023) ..1st Respondent/Complainant 2.Muthuranjini ...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 First information report in Crime No.68 of 2023 on the file of the 1st respondent and quash the same as illegal.
For Petitioners : Mr.M.Jothi Basu For R1 : Mr.B.Nambiselvan Additional Public Prosecutor 1/5
For R2 : M/s.D.Thilagarani In Crl.O.P(MD)No.7891 of 2023:
1.Nagaraj 2.Ranjithkumar 3.Ulageswaran 4.Muth Ranjini 5.Palselvi ... Petitioners/Accused 1 to 5 Vs.
1.State Represented through the Sub Inspector of Police, (In Crime No.69 of 2023) ..1st Respondent/Complainant 2.Shanmugathai @ Alaguponnu ...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 First information report in Crime No.69 of 2023 on the file of the 1st respondent and quash the same as illegal.
For Petitioners : M/s.D.Thilagarani For R1 : Mr.B.Nambiselvan Additional Public Prosecutor For R2 : Mr.Mr.M.Jothi Basu C O M M O N O R D E R These petitions have been filed seeking to quash the impugned FIRs in Crime Nos.68 and 69 of 2023 on the file of the 1st respondent police. 2/5
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.69 2023 for the offences punishable under Sections 147, 294(b), 323, 324 and 506(i) IPC and in Crime No.68 of 2023 for the offences punishable under Sections 147, 294(b), 324, 506(i) IPC and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, 2002 r/w 3(1)(r)(s) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities Amendment Act, 2015) against the accused.
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.
5.Considering the totality of the circumstances, the nature of the 3/5
allegations levelled against the petitioners and also in view of the joint compromise memos, dated 27.04.2023, 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 Crime Nos.68 and 69 of 2023 pending on the file of the 1st respondent police in respect of these petitioners. 6.In the result, the Criminal Original Petitions stand allowed and the entire proceedings in Crime Nos.68 and 69 of 2023, pending on the file of the 1st respondent police 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 To
1. The Sub-Inspector of Police, (In Crime Nos.68 and 69 of 2023) 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
4/5
G.ILANGOVAN, J., tta 27.04.2023 5/5