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Madras High CourtCRL OP(MD)/13597/2020allowed

S.Xavier Rajini v. The Inspector Of Police

2024-08-27Honourable Mr Justice D.Bharatha Chakravarthy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and Crl.M.P.(MD)Nos.6233 of 2020, 874 and 875 of 2022 Crl.O.P.(MD)No.13597 of 2020 1.S.Xavier Rajini 2.Ivin @ M.Antony Ivin ... Petitioners/A1 and A2 vs.

1.The State of Tamil Nadu Rep. by The Inspector of Police, Madurai City.

Crime No.1673 of 2020 ... 1st Respondent/Complainant 2.Preamkumar ... 2nd Respondent/Defacto Complainant Prayer:- Petition filed under Section 482 of Cr.P.C., to quash the FIR in Crime No.1673 of 2020 dated 24.06.2020 on the file of the K.Pudur Police Station, Madurai City.

For Petitioners : Mr.A.K.Azagarsami For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor for R1 M/s.Porkodi Karnan for M/s.Polax Legal Solutions for R2 1/5

Crl.O.P.(MD)No.1212 of 2022 1.Premkumar 2.Roobi Christina 3.Mariyaselvarani 4.Ajay Milton ... Petitioners/A1 to A4 vs.

1.The State Rep. by The Inspector of Police, Madurai District.

Crime No.1682 of 2020 ... 1st Respondent/Complainant 2.Xavier Rajini ... 2nd Respondent/Defacto Complainant Prayer:- Petition filed under Section 482 of Cr.P.C., to call for the records pursuant to the proceedings in C.C.No.268 of 2021 on the file of the learned Judicial Magistrate No.VI, Madurai and quash the same. For Petitioners : M/s.Porkodi Karnan for M/s.Polax Legal Solutions For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor for R1 Mr.R.Anand for R2 COMMON ORDER Crl.O.P.(MD)No.13597 of 2020 is filed to quash the FIR in Crime No.1673 of 2020 dated 24.06.2020 on the file of the K.Pudur Police 2/5

Station, Madurai City.

1.1 Crl.O.P.(MD)No.1212 of 2022 is filed to quash the proceedings in C.C.No.268 of 2021 on the file of the learned Judicial Magistrate No.VI, Madurai.

3.Considering the nature of allegations in this case, by an order dated 29.03.2022 the matter was referred to the Tamil Nadu Mediation and Conciliation Center attached to this Bench. Eventhough before the Mediation Center, the parties could not arrive at any settlement, subsequently when the matter came up for hearing before this Court, both sides amicably resolved the issue. Considering the fact that the petitioners are neighbors and the cases were registered on account of the wordy quarrel that arose between both sides and there is a case and counter and there are two cases in Crime Nos.268 of 2021 and 1673 of 2020 and considering the nature of offences being under Sections 294(b), 341, 323, 324, 149 and 506(ii) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and considering the gravamen of the allegations that it is the conflict between the neighbors arising out of the everyday grind in life with reference to the using of the common pathway 3/5

etc., I am inclined to allow these petitions. 4.Accordingly, these Criminal Original Petitions are allowed and the FIR in Crime Nos.1673 of 2020 and 1682 of 2020 shall stand quashed and consequently, the cases arising out of the same in C.C.No.794 of 2022 and 268 of 2021 on the file of the learned Judicial Magistrate No.VI, Madurai shall stand quashed. Consequently, connected miscellaneous petitions are closed.

27.08.2024 NCC : Yes / No sji To 1.The Judicial Magistrate No.VI, Madurai.

2.The Inspector of Police, Madurai City.

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

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D.BHARATHA CHAKRAVARTHY, J.

sji 27.08.2024 5/5