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Madras High CourtCRL OP(MD)/15405/2021allowed

Karuppasamy v. The Sub Inspector Of Police

2021-11-02Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) Nos.15405 and 15406 of 2021 1.Karupasamy 2.Sankaralingam 3.Karuppasamy 4.Karthika @ Kartheeswari ..Petitioners/Accused No.1 to 4 in Crl.O.P(MD).No.15405 of 2021 1.Nallathambi 2.Thavasilingam 3.Karuppayaiammal @ Karupayee 4.Uma @ Muthuselvi 5.Angammal ..Petitioners/Accused No.1 to 5 in Crl.O.P(MD).No.15406 of 2021 Vs.

1.The State represented by its Sub Inspector of Police, Pandalkudi Police Station, Virudhunagar District.

2.Thavasilingam ..Respondents/Complainant in Crl.O.P(MD).No.15405 of 2021 1.State rep. By The Inspector of Police, Pandalguid Police Station, Virudhunagar District.

(Crime No.44/21) ..1st Respondent/Complainant 2.Karuppasamy ..2nd Respondent/Defacto Complainant in Crl.O.P(MD).No.15406 of 2021 COMMON PRAYER :

These Criminal Original Petitions are filed under Section 482 Cr.P.C, to call for the records connected with case in Crime Nos.43 and 44 of 2021 on the file of the first respondent police and quash the same.

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Petitioners in Crl.O.P(MD).No.15405 of 2021 2nd respondent in Crl.O.P(MD).No.15406 of 2021 : Mr. B. Muneeswaran Petitioners in Crl.O.P(MD).No.15406 of 2021 2nd respondent in Crl.O.P(MD).No.15406 of 2021 : Mr.S. Poornachandran For 1st respondent in both Crl.O.Ps : Mr.K. Sanjai Gandhi Government Advocate (Crl. Side) COMMON ORDER These Criminal Original Petitions have been filed seeking to quash the FIR in Crime Nos.43 and 44 of 2021 on the file of the of the first respondent police.

2. This is a case of case and counter. Based on the complaint given by the petitioner in both Crl.O.Ps case have been registered by the 1st respondent Police in Crime Nos.43 and 44 of 2021 respectively. The case has been registered for the offences under Sections 294(b), 324 and 506(ii) IPC in Crime No.43 of 2021 and for the offences under Sections 147, 148, 324 and 506(ii) IPC in Crime No.44 of 2021 respectively. It appears that both the petitioners are residing in the same village and they are maintaining the cordial relationship and they wanted to compromise the matter between them.

3. The further contention of the petitioners is that they compromised the issue with them amicably. A joint memo of compromise were filed, which have been duly signed by the petitioner in both Crl.O.Ps and also by their respective counsels.

4. Both the petitioners appeared through video conference from the Office of the Additional Public Prosecutor (Crl.Side) before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Additional Public Prosecutor (Crl.Side) 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 memos, dated 29.09.2021 this Court is of the opinion that no useful purpose will be served by keeping the matters pending. Hence, all further proceedings in Crime Nos.43 and 44 of 2021 pending on the file of the 1st respondent police are quashed and the compromise memos are recorded.

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6.In the result, the Criminal Original Petitions stands allowed and the entire proceedings in Crime Nos.43 and 44 of 2021 pending on the file of the 1st respondent police are hereby quashed in respect of the petitioners and the terms of joint compromise memos shall form part of this order.

Sd/- Assistant Registrar (CS III) // True Copy // / /2022 Sub Assistant Registrar(CS) trp Encl: Photocopy of Compromise memo attached.

To 1.The Inspector of Police, Pandalkudi Police Station, Virudhunagar District.

2.The Sub Inspector of Police, Pandalkudi Police Station, Virudhunagar District.

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

+1 CC to M/s.B.MUNEESWARAN, Advocate ( SR-33820[F] dated 09/11/2021 ) Crl.O.P.(MD) Nos.15405 and 15406 of 2021 2.11.2021 MGJ(06.01.2022) 3P 5C 3/3