Kannan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.06.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN 1.Kannan 2.K.Bharathi 3.Meena Roshini .. Petitioners/Accused No.1 to 3 Vs.

1.State rep. by The Inspector of Police, South Gate Police Station, Madurai District.

(Crime No.272/2022) ... 1st Respondent/Complainant 2.Devdharshini ... 2rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to the quash the final report as far as the petitioners are concerned is C.C.No.7 of 2023, pending on the file of the learned Special Judicial Magistrate, Madurai District. (Prayer amended as per order dated 30.06.2023 in Crl.M.P.(MD).No.9175 of 2023 in respect of the case number) For Petitioner : Mr.S.Micheal Heldon Kumar.S For Respondents : Mr.B.Nambiselvan for R1 Additional Public Prosecutor Mr.J.Anitha for A2 1/5

ORDER

This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.7 of 2023 on the file of the learned Special Judicial Magistrate, Madurai.

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.272 of 2022 for the offences punishable under Sections 294(b) and 323 of IPC against the petitioners. 3.The further contention of the petitioners 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 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 2/5

accepted the terms of compromise. Hence, the Compromise Memo is 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 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.7 of 2023 pending on the file of the learned Special Judicial Magistrate, Madurai in respect of the petitioners. 6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.7 of 2023, pending on the file of the learned Special Judicial Magistrate, Madurai is hereby quashed in respect of the petitioners alone. The compromise memo is recorded and the terms of joint compromise memo shall form part of this order. 26.06.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM 3/5

To 1.The Judicial Magistrate No.IV, Madurai.

2.The Inspector of Police, South Gate Police Station, Madurai District.

(Crime No.272/2022) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

TM 26.06.2023 5/5