Muthukumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2018 C O R A M THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.19567 of 2018 1.Muthukumar 2.Ganeshkumar 3.Mohammed Jaleel 4.Chellam 5.Mohan @ Mohanasundaram ... Petitioners/ Accused Nos.2,3,5,6&7 Vs.

1. State represented by the Inspector of Police, Kundrakudi Police Station, Sivagangai District.

(Crime No.122 of 2014) ... 1st Respondent/Complainant

2. Selvakumar ... 2nd Respondent/Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the case in C.C.No.156 of 2015 on the file of the learned Principal District Munsif cum Judicial Magistrate, Karaikudi and quash the same as against the petitioners / accused. For Petitioners : Mr.P.Aju Tagore For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate, (Crl. Side) For R-2 : Mr.A.Arputharaj

ORDER

This petition has been to quash the criminal proceedings in C.C.No.156 of 2015 on the file of the learned Principal District Munsif cum Judicial Magistrate, Karaikudi as against the petitioners / accused.

2.Today, when the matter was taken up, the petitioners, the 2nd respondent, the learned counsel appearing for the petitioners and the learned counsel appearing for the second respondent are present and they have filed a memo of compromise stating that they have compromised the matter and the de facto complainant do not want to https://hcservices.ecourts.gov.in/hcservices/

pursue the matter against the petitioners and he has no objection to quash the proceedings against the petitioners. The compromise memo filed by the petitioners and second respondent/de facto complainant is recorded.

3.Considering the fact that they have compromised the matter and recording the compromise memo filed by the parties, this Court is of the view that this is a fit case to quash the proceedings against the petitioners.

4.Accordingly, this criminal original petition is allowed and the proceedings in C.C.No.156 of 2015 on the file of the learned Principal District Munsif cum Judicial Magistrate, Karaikudi against the petitioners /A-2,3,5,6 and 7 is hereby quashed. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar (CS-II) Encl.: Xerox copy of Compromise Memo To 1.The Principal District Munsif cum Judicial Magistrate, Karaikudi.

2. The Inspector of Police, Kundrakudi Police Station, Sivagangai District.

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

+ 1 CC TO Mr.S.SABBANI KARBOORA JOTHI, ADVOCATE IN SR No. 93995 SM TE/RSK/SAR-2 : 10/12/2018 : 2P/5C Crl.O.P(MD)No.19567 of 2018 01.11.2018 https://hcservices.ecourts.gov.in/hcservices/