Madras High CourtCRL OP(MD)/15130/2022allowed

K.Erulappan v. The Inspector Of Police

2023-06-06Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.15130 of 2022 1.K.Erulappa 2.V.Gurusamy 3.M.Murugan 4.M.Ganesan 5.M.Ramesh 6.S.Chellapandi : Petitioners/A2 to A7 Vs.

1.The State rep. by The Inspector of Police, Anti-Land Grabbing Cell (ALGC), Madurai.

(Crime No.06 of 2015) : R1/Complainant 2.L.Jeyakumar : R2/De-facto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in CC No.09 of 2018 on the file of the Special Court for Exclusive Trial of Land Grabbing cases, Madurai. and quash the same.

For Petitioners : Mr.R.Ramanujam For R1 : Mr.R.Suresh Kumar Government Advocate (Criminal side) For R2 : Mr.R.Gandhi Senior Counsel for Mr.Gandhi Associates 1/5

O RDER This petition has been filed seeking to quash the entire proceedings in CC No.09 of 2018 on the file of the Special Court for Exclusive Trial of Land Grabbing cases, Madurai. 2.The contention of the petitioners is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.06 of 2015 for the offences punishable under Sections 120(B), 420, 465, 468, 471 and 506(i) IPC and it was taken cognizance in CC No.09 of 2018 by the Special Court for Exclusive Trial of Land Grabbing Cases, Madurai. 3.The further contention of the petitioners 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 petitioners and the 2nd respondent and also by their respective counsels. 4.The petitioners and the 2nd respondent appeared before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Government Advocate (Criminal side) 2/5

and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded.

5.Considering the totality of the circumstances, the nature of the allegations levelled against the petitioners and also in view of the joint compromise memo, dated 06/08/2022, this Court is of the opinion that no useful purpose will be served by keeping the matter pending and inclined to quash entire proceedings in CC No.9 of 2018 pending on the file of the Special Court for Exclusive Trial of Land Grabbing Cases, Madurai in respect of this petitioner.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in CC No.9 of 2018 on the file of the Special Court for Exclusive Trial of Land Grabbing Cases, Madurai, is hereby quashed. The compromise memo is recorded and the terms of joint compromise memo shall form part of this order. 06.06.2023 Index : Yes/No Internet : Yes/No er 3/5

To 1.The Special Court for Exclusive Trial of Land Grabbing Cases, Madurai.

2. The Inspector of Police, Anti-Land Grabbing Cell (ALGC), Madurai.

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

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G.ILANGOVAN. J.

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