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Madras High CourtCRL OP(MD)/7770/2024allowed

Karuppu @ Karuppusamy v. The Inspector Of Police

2024-05-23Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.05.2024

CORAM

THE HON'BLE MRS.JUSTICE S.SRIMATHY and Crl.M.P.(MD) Nos.5437 and 5438 of 2024 Karuppa @ Karuppasamy ... Petitioner/ Accused No.3 Vs.

1. The State, Rep., by The Inspector of Police, Sempatti Police Station, Dindigul District, (Crime No.192 of 2023) ... 1st Respondent/ Complainant 2.Kalidose ... 2nd Respondent/ Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records pertaining to the impugned Charge Sheet in C.C.No.26 of 2024, on the file of the District Munsif cum Judicial Magistrate Court, Athoor, Dindigul District in Crime No.192 of 2023 under Sections 147, 294(b), 341, 323, 324 and 506(i) of IPC dated 11.06.2023 on the file of the Respondent No.1 and quash the same as illegal.

For Petitioner : Mr.K.Dinesh 1/5

For R1 : Mr.A.Thiruvadi Kumar Additional Public Prosecutor For R2 : Mr.J.Udhaya Kumar

ORDER

This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.26 of 2024 on the file of the District Munsif cum Judicial Magistrate, Athoor, Dindigul 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.192 of 2023 for the offences punishable under Sections 147, 294(b), 341, 323, 324 and 506(i) of IPC, dated 11.06.2023 against the petitioner. 3.The further contention of the petitioner is that he compromised the issue with the 2nd respondent amicably. Joint Memo of Compromise is filed, which has been duly signed by the petitioner and the 2nd respondent and also by their respective counsels. 2/5

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 Additional Public Prosecutor and the Investigation Officer. Both the parties were enquired by me and they 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 petitioner and also in view of the Joint Compromise Memo, 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.26 of 2024 on the file of the learned District Munsif cum Judicial Magistrate, Athoor, Dindigul District, are quashed and the compromise memo is recorded.

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6.In the result, this Criminal Original Petition stands allowed and the entire proceedings in C.C.No. 26 of 2024 on the file of the District Munsif cum Judicial Magistrate, Athoor, Dindigul District, are hereby quashed in respect of the petitioner and the terms of Joint Compromise Memo shall form part of this order. Consequently, connected miscellaneous petitions are closed.

23.05.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No ABR To

1. The District Munsif cum Judicial Magistrate, Athoor, Dindigul District

2. The Inspector of Police, Sempatti Police Station, Dindigul District, (Crime No.192 of 2023)

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

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S.SRIMATHI , J.

ABR 23.05.2024 5/5