Thiru Murugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 20.09.2023

CORAM:

THE HONOURABLE MR. JUSTICE P. DHANABAL 1.Thiru Murugan 2.Rajkumar

...Petitioners

Vs 1.The State by, The Inspector of Police, Sivagiri Police Station, Tenkasi District.

(Crime No.26 of 2021) 2.Kalimuthu

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying this Court to call for the records in Crime No.26 of 2021 on the file of the first respondent police and quash the same. For Petitioners : Mr.S.Baskar Mathuram For Respondents 1 and 2 : Mr.M.Sakthi Kumar Government Advocate (Crl. Side) For 2nd Respondent : Mr.N.Saravanan

ORDER

This petition is filed to quash the FIR in Crime No.26 of 2021 on the file of the first respondent Police.

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2.When the matter was taken up today for hearing, the learned counsel appearing for the petitioners represented that the first petitioner already died to that effect he produced a copy of the death certificate. 3.The second respondent and the second petitioner are present and they have already filed joint compromise memo.

4.The learned Government Advocate appearing for the official respondent brought to the knowledge of this Court that already charge sheet filed as against the petitioners in S.T.C.No.516 of 2020 for the offence under Section 294(b) of IPC before the learned Judicial Magistrate, Sivagiri. 5.Heard both sides and perused the materials available on records, 6.On perusal of records, it is observed that as per compromise memo, the matter has been settled between the parties. Even as per FIR and charge sheet, the allegations are general and omnibus. There is no specific allegation as against the second petitioner.

7.In view of the compromise arrived between the parties and in view of the aforesaid discussion, this Criminal Original Petition is allowed and the 2/4

case in S.T.C.No.516 of 2020 on the file of the Judicial Magistrate, Sivagiri is quashed as against the second petitioner and the case against the first petitioner is abated.

20.09.2023 NCC : Yes/No Internet : Yes/No Index : Yes/No Mrn To 1.The Judicial Magistrate, Sivagiri.

2.The Inspector of Police, Sivagiri Police Station, Tenkasi District.

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

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P.DHANABAL, J.

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