Madras High CourtCRL OP(MD)/10834/2022allowed

Prabhaharan v. The Inspector Of Police

2023-10-09Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.10834 of 2022 and Crl.M.P(MD)Nos.6811 and 6812 of 2022

1. Prabhaharan

2. Vinothkumar @ Vinoth ... Petitioners Vs

1. The Inspector of Police, Samayanallur Police Station, Madurai, Crime No.263 of 2019..

2. Manimaran ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, calling the records pertaining to C.C.No.75 of 2020 on the file of the learned Judicial Magistrate, Vadipatti, Madurai District and quash the same as against this petitioners.

For Petitioners : Mr.J.Vishnu For R1 : Mr.R.Sureshkumar Government Advocate (Crl.Side) For R2 : Mr.Mohamed 1/5

O RDER This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.75 of 2020 on the file of the learned Judicial Magistrate, Vadipatti, Madurai 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.263 of 2019 for the offences punishable under Sections 294(b), 323, 506(i) of IPC, against the petitioners. It appears that there is a small issue between the parties. 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 identified by the learned Government Advocate (Crl.Side) and the Investigation Officer. They were also appeared before the High Court Legal Services Committee, Madurai.

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 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.75 of 2020 pending on the file of the learned Judicial Magistrate, Vadipatti, Madurai District in respect of the petitioners.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.75 of 2020, pending on the file of the learned Judicial Magistrate, Vadipatti, Madurai District 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. Consequently, connected miscellaneous petitions are closed. 09.10.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No PNM 3/5

To 1.The Judicial Magistrate, Vadipatti, Madurai District.

2. The Inspector of Police, Samayanallur Police Station, Madurai, Crime No.263 of 2019.

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

4/5

G.ILANGOVAN. J.

PNM ORDER IN and Crl.M.P(MD)Nos.6811 and 6812 of 2022 09.10.2023 5/5