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Madras High CourtCRL OP(MD)/12686/2021allowed

Jeya Durai v. The Inspector Of Police

2021-09-03Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.12686 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :03.09.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P(MD)No.12686 of 2021 Jeya Durai ... Petitioner Vs.

1.The Inspector of Police, Panagudi Police Station, Tirunelveli District.

(Crime No.228 of 2017) 2.Muthukumar ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the impugned proceedings in C.C.No.(*)284 of 2020 pending on the file of the Judicial Magistrate Court, Valliyoor and to quash the same as against the petitioner on the basis of the compromise memo filed between the petitioner and the second respondent. For Petitioners : Mr.M.R.Sreenivasan For R1 : Mr.K.Sanjai Gandhi Government Advocate(Crl.Side) For R2 : Mr.M.Karuppasamy

ORDER

Heard both sides.

2.This Criminal Original Petition has been filed to call for the records and quash the case in C.C.No.(*)284 of 2020 pending on the file of the learned Judicial Magistrate Court, Valliyoor. 3.The second respondent / defacto complainant as well as the petitioner/A2 in the Criminal Original Petition are present before this Court and they are identified by the respective learned counsel and both the parties have filed joint compromise memo stating that the matters in issue between them has been amicably resolved and therefore, the second respondent / defacto complainant is not willing to prosecute the case and therefore would pray for quashing the C.C.No.(*)284 of 2020 pending on the file of the learned Judicial Magistrate Court, Valliyoor. 4.

The compromise memo is filed before this Court and the parties are also present at the learned Additional Public Prosecutor office and their identity has also been verified through video conference. Since the matters in issue has been compromised between the parties and the parties are ready to live together, no purpose will be served in keeping the proceedings pending. https://hcservices.ecourts.gov.

Crl.O.P(MD)No.12686 of 2021 5.It is reported that A1 died and the death certificate also produced at the learned Additional Public Prosecutor office. 6.In the result, by recording the compromise, this Criminal Original Petition is allowed and the proceedings in C.C.No. (*)284 of 2020 pending on the file of the learned Judicial Magistrate, Valliyoor is quashed. The joint compromise memo shall form part and parcel of this order.

Sd/- Assistant Registrar (T&P) (*)Amended as per order of this Hon'ble Court dated 02.12.2021 in CRL.MP(MD)No.10517/2021 in CRL.OP(MD)No.12686/2021 Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) sji 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:

(*)To be Substituted the order already despatched on 22.09.2021 1.The Judicial Magistrate, Valliyoor.

2.The Inspector of Police, Panagudi Police Station, Tirunelveli District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.M.R.SREENIVASAN, Advocate (SR-8845[F] dated 03/12/2021) +1 CC to M/s.M.KARUPPASAMY, Advocate (SR-28392[F] dated 07/09/2021) Crl.O.P(MD)No.12686 of 2021 03.09.2021 SRR(CO) SB(20.09.2021) 2P 6C GC(10.12.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2