← Library
Madras High CourtCRL OP(MD)/11790/2021allowed

N.Sudalaikannu v. The Inspector Of Police

2021-10-25Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.11790 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.11790 of 2021 1.N.Sudalaikannu 2.Sabarish 3.S.DuraiChokkalingam ... Petitioners Vs.

1.The State Rep. by, The Inspector of Police, Valliyoor Police Station, Tirunelveli District.

(Crime No.259 of 2021) 2.Stephen Arputharaj ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the entire records pertaining to the case in Crime No.259 of 2021, Valliyoor Police station, Tirunelveli District, and quash the same as against the petitioners. For Petitioners : Mr.P.Gunasekaran For R1 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side) For R2 : Mr.R.Anand

ORDER

This petition is filed seeking quashment of Crime No.259 of 2021 on the file of the 1st respondent police. 2.The contention of the petitioners is that based upon the complaint lodged by the 2nd respondent, the 1st respondent registered the case in Crime No.259 of 2021 for the offences punishable under Sections 294(b), 323, 324 and 506(ii) 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 through video conference from the Office of the learned Government Advocate (Crl.Side) before this Court along with their counsels and also https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.11790 of 2021 produced their Aadhar cards. They were also identified by the learned Government Advocate (Crl.Side) 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 petitioners and also in view of the joint compromise memo, dated 24.10.2021, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in Crime No.259 of 2021 pending on the file of the 1st respondent police is quashed and the compromise memo is recorded.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.259 of 2021, pending on the file of the 1st respondent police is hereby quashed and the terms of joint compromise memo shall form part of this order. Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) mm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Inspector of Police, Valliyoor Police Station, Tirunelveli District.

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

Crl.O.P.(MD)No.11790 of 2021 25.10.2021 MMS(CO) KB(11.11.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2