Dinesh Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN

1. Dinesh Kumar

2. Pugalendhi ... Petitioner / Accused Nos.1 and 2 Vs.

1.State, represented by The Inspector of Police, Thenkarai Police Station, Theni District.

In Crime No.550 of 2021 ...1st Respondent/Complainant

2. Baskaran ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the Final report in C.C.No.343 of 2022 on the file of Judicial Magistrate Court, Periyakulam in FIR in Cr.No.550 of 2021 dated 23.09.2021 on the file of the 1st respondent police, for the offences under Section 294(b), 336, 506(i) and 510 of IPC and quash the same as illegal as against the petitioner. For petitioner : Mr. Sundarapandian S For R1 : Mr.B.Nambiselvan Additional Public Prosecutor For R2 : Mr.R.Rajasekaran 1/4

O RDER This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.343 of 2022 on the file of the Judicial Magistrate Court, Periyakulam.

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.550 of 2021 for the offences punishable under Sections 294(b), 336, 506(i) and 510 of IPC, against the petitioner. 3.The further contention of the petitioner 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 petitioner and the 2nd respondent and also by their respective counsels.

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 2/4

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 13.06.2023, 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.343 of 2022 pending on the file of the learned Judicial Magistrate Court, Periyakulam, is quashed and the compromise memo is recorded.

6. In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.343 of 2022, pending on the file of the learned Judicial Magistrate Court, Periyakulam, is hereby quashed in respect of the petitioner and the terms of joint compromise memo shall form part of this order.

15.06.2023 NCC:Yes/No Index : Yes/No Internet : Yes/No Indu 3/4

G.ILANGOVAN. J.

Indu To 1.The Inspector of Police, Thenkarai Police Station, Theni District.

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

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