Anbu @ Anbalagan v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.06.2023
CORAM
THE HON'BLE MR.JUSTICE G.ILANGOVAN Anbu @ Anbalagan ... Petitioner/Accused No.1 Vs.
1.State rep. by The Sub Inspector of Police, Vattanthikottai Police Station, Thanjavur District.
Cr.No.6/2007 ... 1st Respondent/Complainant 2.Balasubramanian @ Balu ... 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records pertaining to the case in C.C.No.120/2018 on the file of the Judicial Magistrate Pattukottai Thanjavur District and quash the same as against the petitioner and thus render justice.
For Petitioner : Mr.M.Pitchai Muthu For Respondents : Mr.B.Nambiselvan for R1 Government Advocate (Crl. Side) Mr.A.Mohammed Arief for R2 1/5
ORDER
This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.120 of 2018 on the file of the learned Judicial Magistrate, Pattukottai, Thanjavur District. 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.6 of 2007 for the offences punishable under Sections 147, 148, 324, 326 & 506(ii) of IPC against the petitioner. It appears that there is a small issue between the parties. 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 appeared before this Court through video conferencing from Singapore and the 2nd respondent appeared before this Court along with counsels on both sides and also produced their Aadhar 2/5
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 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 17.06.2023, 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 C.C.No.120 of 2018 pending on the file of the learned Judicial Magistrate, Pattukottai, Thanjavur District in respect of the petitioner.
6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.120 of 2018, pending on the file of the learned Judicial Magistrate, Pattukottai, Thanjavur District is hereby quashed in respect of the petitioner alone. The compromise memo is 3/5
recorded and the terms of joint compromise memo shall form part of this order.
30.06.2023 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No TM To 1.The Judicial Magistrate, Pattukottai, Thanjavur District. 2.The Sub Inspector of Police, Vattanthikottai Police Station, Thanjavur District.
Cr.No.6/2007 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
4/5
G.ILANGOVAN ,J.
TM 30.06.2023 5/5