Sagayam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN 1.Sagayam 2.Esammal 3.Paul Thinakaran 4.Helan Santhakumari 5.Jeganraj 6.Reginamery ... Petitioners Vs.

1.The State rep by, The Inspector of Police, Manamadurai Police Station, Sivagangai District, (Crime No.447 of 2019) 2.Vennila

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records in S.T.C.No.247 of 2022 in Crime No.447 of 2019 on the file of the Learned Judicial Magistrate, Manamadurai and Quash the same.

For Petitioners : Mr.S.Muniyandi For R1 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.side) 1/5

For R2 : Mr.J.JeyaArun Raja

ORDER

This Criminal Original Petition has been filed seeking to quash the charge sheet in S.T.C.No.247 of 2022 on the file of the learned Judicial Magistrate, Manamadurai.

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.447 of 2019 for the offences punishable under Sections 147, 448, 294(b), 323, 506(i) of IPC and Section 4 of TN Prohibition of Harassment of Women Act, 2002. 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 2/5

were also identified by the learned Additional Public Prosecutor and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. It is a case and counter case. 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, this Court is of the opinion that no useful purpose will be served by keeping the matter pending and inclined to quash all further proceedings in S.T.C.No.247 of 2022 pending on the file of the learned Judicial Magistrate, Manamadurai in respect of the petitioners. 6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in S.T.C.No.247 of 2022, pending on the file of the learned Judicial Magistrate, Manamadurai is hereby quashed in respect of the petitioners alone. The compromise memo is recorded and the terms of joint compromise memo shall form part of this order. 22.11.2023 Index :

Yes / No Internet :

Yes / No TM 3/5

To 1.The Judicial Magistrate, Manamadurai.

2.The Inspector of Police, Manamadurai Police Station, Sivagangai District, (Crime No.447 of 2019) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

TM 22.11.2023 5/5