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Madras High CourtCRL OP(MD)/15127/2023allowed

Manikandaprabhu v. The Inspector Of Police

2023-12-06Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN 1.Manikandaprabhu 2.Dineshkarthik @ Dhineshkarthik ... Petitioners/Accused Nos.1 and 2 Vs.

1.The State rep by its The Inspector of Police, S.S.Colony Police Station, Madurai City (In Crime No.855 of 2023) ...1st Respondent/Complainant 2.Muthuraja ...2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in Crime No.855 of 2023 on the file of the first respondent Police and to quash the same in so far as the petitioners/accused Nos.1 and 2 are concerned. For Petitioners : Mr.P.Balamurugan For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) For R2 : Mr.J.David Ganesan 1/4

O R D E R This petition has been filed seeking to quash the impugned FIR in Crime No.855 of 2023 on the file of the 1st respondent police. 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.855 of 2023 for the offences punishable under Sections 294(b), 279 and 506(i) of IPC against the petitioners. 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 (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.

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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 29.08.2022, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in Crime No.855 of 2023 pending on the file of the 1st respondent police is quashed and the compromise memo is recorded. 6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.855 of 2023, pending on the file of the 1st respondent police is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order. 06.12.2023 Index : Yes/No Internet : Yes/No Indu To 1.The Inspector of Police, S.S.Colony Police Station, Madurai City 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN. J.

Indu Crl.O.P.(MD) No.15127 of 2023 06.12.2023 4/4