Velladurai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.11238 of 2023 Velladurai ... Petitioner/Accused No.1 Vs.

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

(Crime No.194 of 2014).

... 1st Respondent/Complainant

2. Balasubramanian ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the entire records pertaining to CC.No.561 of 2014 on the file of the learned Judicial Magistrate, Sivagiri, Tenkasi District and quash the same as far as the petitioner is concerned. For petitioner : Mr. Dhilipan Pandian R L For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.Side) For R2 : Mr.D.Raja Boopathy 1/4

O RDER This Criminal Original Petition has been filed seeking to call for the entire records pertaining to CC.No.561 of 2014 on the file of the learned Judicial Magistrate, Sivagiri, Tenkasi District and quash the same as far as the petitioner is concerned.

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.194 of 2014 for the offences punishable under Sections 147, 387 and 506(ii) 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 defacto complainant appeared through video conference since he is in bed ridden condition and he is identified by the learned counsel for the defacto complainant. Similarly, the petitioner is identified by the defacto complainant.

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5.The petitioner is appeared before this Court along with his counsels and also produced his Aadhar cards. The parties were 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. 6.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 22.06.2023, 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.561 of 2014 pending on the file of the learned Judicial Magistrate, Sivagiri, Tenkasi District, is quashed and the compromise memo is recorded.

7.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.561 of 2014, pending on the file of the learned Judicial Magistrate, Sivagiri, Tenkasi District, is hereby quashed in respect of the petitioner and the terms of joint compromise memo shall form part of this order.

05.10.2023 Index : Yes/No Internet : Yes/No Indu 3/4

G.ILANGOVAN. J.

Indu To 1.The learned Judicial Magistrate, Sivagiri, Tenkasi District. 2.The Inspector of Police, Puliyangudi Police Station, Tirunelveli District.

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

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