Madras High CourtCRL OP(MD)/13387/2020allowed

Sundar v. The Deputy Superintendent Of Police

2020-12-14Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P.(MD)No.13387 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.13387 of 2020 Sundar ... Petitioner Vs.

1. State rep. through The Deputy Superintendent of Police, District Crime Branch, Kanyakumari District, Nagercoil.

2. The Inspector of Police, District Crime Branch, Nagercoil, Kanyakumari District.

In Crime No.87 of 2010.

3. S.L.Brieght ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C, to call for records and quash the charge sheet in C.C.No.26 of 2014 on the file of the Judicial Magistrate No.I, Nagercoil. For Petitioner : Mr.K.Prabhu For R1 & R2 : Mr.V.Neelakandan, Additional Public Prosecutor.

ORDER

This Criminal Original Petition has been filed to quash the charge sheet in C.C.No.26 of 2014 on the file of the Judicial Magistrate No.I, Nagercoil.

2.The third respondent / defacto complainant, as well as the petitioner/accused are present before this Court and they are identified by the respective learned counsel and both the parties have filed a joint compromise memo stating that the matter has been amicably resolved between themselves and the third respondent / defacto complainant is not willing to prosecute the complaint and therefore, the petitioner would pray for quashing the charge sheet in C.C.No.26 of 2014 on the file of the Judicial Magistrate No.I, Nagercoil.

3.The compromise memo is filed before this Court and the parties along with their respective counsel are also personally https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.13387 of 2020 present before this Court, today(14.12.2020) and the defacto complainant has represented before this Court that the matter has been settled amicably between the parties. The learned Additional Public Prosecutor, who was present in the Court, had also verified their identity and would state that he has no objection for the above compromise.

4.In the result, by recording the compromise, the Criminal Original Petition is allowed and the charge sheet in C.C.No.26 of 2014 on the file of the Judicial Magistrate No.I, Nagercoil, is quashed. The joint compromise memo shall form part and parcel of this order.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) gns Enclose: Xerox Copy of Joint Compromise Memo. 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

1. The Judicial Magistrate No.I, Nagercoil.

2. The Deputy Superintendent of Police, District Crime Branch, Kanyakumari District, Nagercoil.

3. The Inspector of Police, District Crime Branch, Nagercoil, Kanyakumari District.

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

Crl.O.P.(MD)No.13387 of 2020 14.12.2020 KVN(CO) CS(22.12.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2