Vijay @ Vijay Thondaiman v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2022

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Vijay @ Vijay Thondaiman ... Petitioner vs

1. The Sub Inspector of Police Kandavarayanpatti Police Station Sivagangai District 2.Rajasekaran

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to quash the charge sheet in CC No.49 of 2020 on the file of the District Munsif cum Judicial Magistrate Court, Thirupathur in so as the petitioner is concerned.

For Petitioner : Mr.P.R.Prithiviraj For Respondent : Mr.A.Albert James No.1 Government Advocate(Crl.Side) 1/4

ORDER

This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.49 of 2020 on the file of the District Munsif cum Judicial Magistrate Court, Thirupathur, insofar as the petitioner is concerned.

2. When the matter is taken up for hearing, the learned counsel for the petitioner submitted that now the complainant and the fourth accused/the petitioner herein have settled the matter out of Court and filed a joint memo of compromise, dated 04.08.2022. Further, the complainant now stated that the fourth accused is not involved in the case and also stated that this Court under Section 482 Cr.P.C is having inherent power to quash the case as against this petitioner alone.

3. On perusal of the records, it is seen that now the complainant stated that the fourth accused is not involved in this case, but in his complaint, he has specifically stated that the fourth accused assaulted him. Now, it is a false case against the fourth accused.

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4. Now, the petitioner seeks to quash the proceedings as against him alone on the ground of compromise but in this case, five accused involved and specific overt act has been attributed as against all of them, specifically that this petitioner has assaulted the complainant. Hence, this is not a fit case to quash the proceedings as against one accused on the ground of compromise.

5. Therefore, I find no merit in this Criminal Original Petition and the same is dismissed.

04.08.2022 Internet:Yes Index:Yes/No Speaking/Non speaking order aav To

1. The Sub Inspector of Police Kandavarayanpatti Police Station Sivagangai District

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

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V.SIVAGNANAM, J.

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