Madras High CourtCRL OP(MD)/13385/2023allowed

Peter Raj @ Gangar Peter Raj v. The Inspector Of Police

2024-09-05Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 05.09.2024

CORAM

The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY CRL OP(MD). No.13385 of 2023 1.Peter Raj @ Gangar Peter Raj 2.Siluvai Vino @ Vino 3.Arul Glen @ Arul ... Petitioners Vs.

1.The State rep. by The Inspector of Police, 2.Soosai Irudhayraj ... Respondents PRAYER :- This Petition is filed under Section 482 Cr.P.C, to call for the records pertaining to C.C.No.366 of 2023 on the file of the Judicial Magistrate, Radhapuram and quash the same.

For Petitioners : Mr.D.Venkatesh For Respondents : Mrs.M.Aasha Government Advocate (Crl.Side) for R1 : Mr.T.Lenin Kumar for R2 CRL OP(MD). No.13392 of 2023

1. Soosai Irudhayraj @ Raja 1/4

2.Asirvatham 3.Amirthaselvi @ Selvi 3.Irudhaya Josephin Mallika @ Mallika ... Petitioners Vs.

1.The State rep. by The Inspector of Police, 2.Arul @ Arul Glen ... Respondents PRAYER :- This Petition is filed under Section 482 Cr.P.C, to call for the records pertaining to C.C.No.457 of 2023 on the file of the Judicial Magistrate, Radhapuram and quash the same.

For Petitioners : Mr. T.Lenin Kumar For Respondents : Mrs.M.Aasha Government Advocate (Crl.Side) for R1 : Mr. D.Venkatesh for R2 COMMON ORDER These Petitions are filed to quash the cases in C.C.No.366 of 2023 and C.C.No.457 of 2023, on the file of the Judicial Magistrate, Radhapuram.

2. The learned counsel for the petitioners seeks to quash the cases on compromise.

2/4

3. Considering the nature of allegations, in which major attracted offence is Section 506(ii) I.P.C and considering the joint compromise memos which are filed and the same is duly verified by the High Court Legal Services Committee pursuant to the earlier order of this Court, and after considering the nature of statements given by the listed witnesses in both the cases, I am of the view that the case falls within the nature of private dispute between the parties and within the four corners of the compoundable cases as enunciated by the Honourable Supreme Court of India in Gian Singh vs State of Punjab & Another reported in 2012(10) SCC-303.

4. In view there of these Criminal Original Petitions stand allowed the proceedings in C.C.No.366 of 2023 and 457 of 2023 on the file of the Judicial Magistrate, Radhapuram shall stand quashed. The joint compromise memo shall form part and parcel of the order. 05.09.2024 Internet : Yes Index : Yes/ No NCC : Yes/No LS 3/4

D.BHARATHA CHAKRAVARTHY,J LS TO

1. The Judicial Magistrate, Radhapuram.

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

ORDER

IN CRL OP(MD) Nos.13385 & 13392 of 2023 Date : 05.09.2024 4/4