Sanjeev @ Sanjay v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :29.09.2022

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P(MD)No.17305 of 2022 1.Sanjeev @ Sanjay 2.Arishmehan 3.Mohamed Riyas Khan 4.Sakthiganesh ... Petitioners Vs.

1.The State rep by its, The Deputy Superintendent of Police, Thirumangalm Sub Division, Madurai District.

2.The State Rep. by The Inspector of Police, Thirumangalam Town Police Station, Madurai District.

3.Pandidurai 4.Subburaj ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in connection with Crime No.345 of 1/5

2022 on the file of the second respondent police and consequently quash the same is illegal as against the petitioners and devoid of merits forthwith. For Petitioners : Mr.M.Jegadeesh Pandian For Respondents : Mr.B.Nambi Selvan Additional Public Prosecutor for R1 and R2 Mr.B.Viswanathan for R3 and R4

ORDER

This petition has been filed to quash the Crime No.345 of 2022 on the file of the Inspector of Police, Thirumangalam Town Police Station, Madurai. 2.The contention of the petitioners and the second respondent is that based on the complaint lodged by the third respondent, the second respondent registered First Information Report in 345 of 2022 for the offences punishable under Sections 294(b), 323, 324, 506(ii) of IPC r/w 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (POA) Amendment Act, 2015, against the petitioners. 3.The further contention of the petitioners is that they compromised the issue with the third respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the second respondent and also by their respective counsels.

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4.The petitioners and the third respondent appeared before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Government Advocate (Criminal side). In the First Information Report, the first accused name is mentioned as Sanjeev, it is stated by the defacto complainant that his correct name is Sanjay and there is no identity issue and the same was verified through his Adhar Card. 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 memo, dated 28.09.2021, 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.345 of 2022, pending on the file of the Inspector of Police, Thirumangalam Town Police Station, Madurai, 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.345 of 2022, pending on the file of the 3/5

Inspector of Police, Thirumangalam Town Police Station, Madurai, is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order.

29.09.2022 Index:Yes/No Internet:Yes/No tta Note:(i) In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1. The Deputy Superintendent of Police, Thirumangalm Sub Division, Madurai District.

2.The State Rep. by The Inspector of Police, Thirumangalam Town Police Station, Madurai District.

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G.ILANGOVAN, J.

tta Crl.O.P(MD)No.17305 of 2022 29.09.2021 5/5