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Madras High CourtCRL OP(MD)/16121/2022disposed of

Murugan v. The Inspector Of Police

2022-11-15Honourable Mr Justice Sathi Kumar Sukumara Kurup6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) Nos.16100 and 16121 of 2022 CRL.O.P (MD) No.16100 of 2022 1.Kaliappan 2.Muthu 3.Manikandan

...Petitioners / Accused No.1 to 3

vs 1.State, represented by The Inspector of Police, (Crime No.686 of 2021) ... 1st Respondent / Complainant 2.Murugan ... 2nd Respondent / Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records relating to the FIR in Crime No.686 of 2021 on the file of the first Respondent and quash the same against the Petitioner's alone.

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For Petitioner : Mr. C.Ezhilarasu For R-1 : Mr. B.Nambiselvan Additional Public Prosecutor For R-2 : Mr. P.Velmurugan CRL.O.P (MD) No.16121 of 2022 1.Murugan 2.Irulayi 3.Meenakshi 4.Kaleeswari 5.Muthalagu @ Muthalagi 6.Pandi

...Petitioners / Accused No.1 to 6

vs 1.State, represented by The Inspector of Police, (Crime No.687 of 2021) ... 1st Respondent / Complainant 2.Kaliyappan ... 2nd Respondent / Defacto Complainant 2/6

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records relating to the FIR in Crime No.687 of 2021 on the file of the first Respondent and quash the same against the Petitioner's alone.

For Petitioner : Mr. P.Velmurugan For R-1 : Mr. B.Nambiselvan Additional Public Prosecutor For R-2 : Mr.C.Ezhilarasu

O R D E R

This Criminal Original Petition in Crl.O.P (MD) No.16100 of 2022 had been filed to call for the records relating to the FIR in Crime No.686 of 2021 on the file of the first Respondent and quash the same against the Petitioner in Crl.O.P (MD) No.16100 of 2022 alone.

2. This Criminal Original Petition in Crl.O.P (MD) No.16121 of 2022 had been filed to call for the records relating to the FIR in Crime No. 687 of 2021 on the file of the first Respondent and quash the same against the Petitioner in Crl.O.P (MD) No.16121 of 2022 alone. 3/6

3. Heard the learned Counsel for the Petitioner and the learned Additional Public Prosecutor appearing for the 1st Respondent in both the cases.

4. The learned Counsel for the Petitioner in Crl.O.P(MD) No.16100 of 2022 and the learned Counsel for the Petitioner in Crl.O.P(MD) No. 16121 of 2022 submits that it is a case and counter case, it is between the relatives. Subsequent to filing of the complaint and the registration of First Information Report, the parties had arrived at an amicable settlement. Based on the joint compromise memo, this petition had been filed. A Joint Compromise Memo is also filed along with this Petition. 5.By way of reply, the learned Additional Public Prosecutor submitted that he has no objection to quash the First Information Report in Crime No.686 and 687 of 2021 by recording compromise and he submits that identity of the Petitioner in both the cases had been established by Station House Officer concerned.

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6.In the light of the Joint Compromise Memo, the Petitions are allowed and the proceedings in First Information Report in Crime No.686 and 687 of 2021 is quashed. The Joint Compromise Memo in the respective petitions shall form part of this order.

15.11.2022 Index:Yes/no indu To 1.The Inspector of Police, 2.The Additional Public Prosecutor, Madrurai Bench of Madras High Court, Madurai.

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SATHI KUMAR SUKUMARA KURUP , J.

indu CRL.O.P (MD) Nos.16100 and 16121 of 2022 15.11.2022 6/6