C.Ram Prasad v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.05.2024
CORAM
THE HON'BLE MRS.JUSTICE S.SRIMATHY Crl.O.P.(MD).No.7700 of 2024 1.C.Ram Prasad 2.C.Rajadurai 3.R.Chinnamani 4.R.Paramasivam 5.C.Jeya ... Petitioners/ Accused Nos.1 to 5 Vs.
1.The State, Rep., by its Inspector of Police, Crime No.149 of 2020 ... 1st Respondent 2.D.Mohan ... 2nd Respondent/ Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records of the proceedings in C.C.No.348 of 2022, dated 04.01.2021 on the file of the Learned Judicial Magistrate, Thoothukudi District and quash the same. 1/6
For Petitioners : Mr.G.Chandrasekar For R1 : Mr.A.Thiruvadi Kumar Additional Public Prosecutor For R2 : Mr.S.Rajamoorthy Crl.O.P.(MD).No.7701 of 2024 1.M.Manikandan 2.D.Mohan 3.M.Gowri ... Petitioners/ Accused Nos.1 to 3 Vs.
1.The State, Rep., by its Inspector of Police, Crime No.150 of 2020 ... 1st Respondent 2.C.Ram Prasad ... 2nd Respondent/ Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records of the proceedings in C.C.No.346 of 2022, dated 20.11.2020 on the file of the Learned Judicial Magistrate, Thoothukudi and quash the same as illegal. For Petitioners : Mr.S.Rajamoorthy 2/6
For R1 : Mr.A.Thiruvadi Kumar Additional Public Prosecutor For R2 : Mr.G.Chandrasekar COMMON ORDER These Criminal Original Petitions have been filed seeking to quash the charge sheets in C.C.No.348 of 2022 and C.C.No.346 of 2022 on the file of the learned Judicial Magistrate, Vilathikulam, Thoothukudi District.
2.The contention of the petitioners is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.149 of 2020 for the offences punishable under Sections 147, 294(b) and 323 of IPC read with Section 4 of TNPHW Act, 2022 and in Crime No.150 of 2020 for the offences under Sections 294(b), 352 and 427 of IPC, against the petitioners. 3.The further contention of the petitioners is that they compromised the issue with the 2nd respondent amicably. Joint Memos 3/6
of Compromise were filed, which have been duly signed by the petitioners and the 2nd respondent and also by their respective counsels. 4.The petitioners 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 Additional Public Prosecutor 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 allegations levelled against the petitioners and also in view of the Joint Compromise Memos, dated 23.05.2024, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in C.C.No.348 of 2022 and C.C.No.346 of 2022 on the file of the learned Judicial Magistrate, Vilathikulam, Thoothukudi District, are quashed and the compromise memos are recorded. 4/6
6.In the result, the Criminal Original Petitions stand allowed and the entire proceedings in C.C.No.348 of 2022 and C.C.No.346 of 2022 on the file of the learned Judicial Magistrate, Vilathikulam, Thoothukudi District, are hereby quashed in respect of the petitioners and the terms of Joint Compromise Memos shall form part of this order. 23.05.2024 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No ABR To 1.The Judicial Magistrate, Vilathikulam, Thoothukudi District.
2.The Inspector of Police, Crime No.149 of 2020 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHI , J.
ABR 23.05.2024 6/6