M.Javagarulla v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.06.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD).Nos.11160 of 2023 and Crl.M.P.(MD).No.8868 of 2023 M.Juwahirulla @ Javagarulla, .... Petitioner/Accused No.1 Vs.

1.State Through The Inspector of Police, Sayalkudi Police Station, Ramanathapuram District.

(Crime No.83 of 2019) ... 1st Respondent/Complainant 2.P.Marimuthu, ... 2nd Respondent/Defacto Complainant.

PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to pass an order to call for the entire records pertaining to the Impugned First Information Report in Crime No.83 of 2019 dated 27.04.2019 on the file of the Respondent No.1 registered U/s. 147, 148,294(b), 324 and 506(2) of Indian Penal Code, 1860 and Quash the same as illegal as far as the Petitioner is concerned 1/5

For Petitioner : Mr.T. Thirumurugan For Respondents : Mr.S.Manikandan for R1 Government Advocate (Crl. Side)

ORDER

This petition has been filed seeking to quash the impugned FIR in Crime No.83 of 2019 on the file of the 1st respondent police. 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.83 of 2019 for the offences punishable under Sections 147, 148,294(b), 324 and 506(2), 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 Government Advocate (Crl. side) and 2/5

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 petitioner 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 Crime No.83 of 2019 pending on the file of the 1st respondent police in respect of this petitioner. 6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.83 of 2019, pending on the file of the 1st respondent police is hereby quashed in respect of the petitioner. The compromise memo is recorded and the terms of joint compromise memo shall form part of this order. Consequently, connected miscellaneous petition is closed.

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NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.State Through The Inspector of Police, Sayalkudi Police Station, Ramanathapuram District.

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

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G.ILANGOVAN ,J.

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