Stewart v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 06.09.2024

CORAM

The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY 1.Stewart 2.Michel Vimal 3.Dalmeshan Peris 4.Simson 5.Sutharson ... Petitioners Vs.

1. The State rep. by The Inspector of Police Thoothukudi South Police Station, Thoothukudi District.

(In Crime No.687/2020).

2. Kirashiyo Sharon ... Respondents PRAYER :- This Petition is filed under Section 482 Cr.P.C, to call for the records relating to the impugned charge sheet in C.C.No.639 of 2022 on the file of the Judicial Magistrate No.I, Thoothukudi and quash the same.

For Petitioners : Mr.S.Vishnuvardhan For Respondents : Mrs.M.Aasha Government Advocate (Crl.Side) for R1 : Mr.G.Sailendrababu for R2 1/4

ORDER

This Petition is filed to quash the charge sheet in C.C.No.639 of 2022 on the file of the Judicial Magistrate No.I, Thoothukudi.

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

3. A joint compromise memo is filed and the petitioners are also present before this Court. The second respondent is present virtually. The defacto complainant and the parties seemed to understand the compromise memo.

4. Considering the nature of offences under Sections 147, 148, 294(b), 323, 324 and 506(ii) I.P.C and considering the allegations which are made and considering the facts and circumstances of the case that there is a private dispute between the parties, I am of the view that this is a fit case to be quashed, as per the dictum of the Honourable Supreme Court of India in Gian Singh vs State of Punjab & Another reported in 2012(10) SCC-303.

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5. In view thereof, invoking the inherent power under Section 482 of the Code of Criminal Procedure Code. This Criminal Original Petition stands allowed and the proceedings the charge sheet in C.C.No.639 of 2022 on the file of the Judicial Magistrate No.I, Thoothukudi, shall stand quashed. The joint compromise memo shall form part and parcel of the order.

06.09.2024 Internet : Yes Index : Yes/ No NCC : Yes/No LS TO

1. The Judicial Magistrate No.I, Thoothukudi.

2. The Inspector of Police Thoothukudi South Police Station, Thoothukudi District.

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

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D.BHARATHA CHAKRAVARTHY,J LS

ORDER

IN CRL OP(MD) .13811 of 2023 Date : 06.09.2024 4/4