Dhineshkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.10.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P(MD)No.16104 of 2022

1. Dhinesh Kumar

2. Saravana Kumar

3. Seenivasan

...Petitioners

.vs.

1.The Inspector of Police, Sivagiri Police Station Tenkasi District

2. Ramlal

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records pertaining to the impugned charge sheet in STC No.699 of 2022 on the file of the learned District Munsif cum Judicial Magistrate, Sivagiri and quash the same as against the Petitioners.

For Petitioners : Mr.M.Karuppasamy For R1 : Mr.R.Sivakumar Government Advocate (Crl.side) For R2 : Mr.P.Shanmugam 1/4

O R D E R

This Criminal Original Petition has been filed to quash the charge sheet in STC No.699 of 2022 on the file of the learned District Munsif cum Judicial Magistrate, Sivagiri.

2. Earlier,When the came for hearing earlier, the learned Government Advocate(Crl.Side) submitted that the investigation in this case is completed and final report filed before the learned District Munsif cum Judicial Magistrate, Sivagiri and the same has been taken cognizance in STC No.699 of 2022. Therefore the learned Counsel for the Petitioner was directed either to not press the petition or file fresh petition. Instead the learned Counsel for the Petitioner sought to file amendment petition ,thereby he has filed a petition for amendment in Crl.M.P(MD) No.11766 of 2022 and the same was allowed. Registry was directed to carry out necessary amendment and after amendment the case was posted today.

3. The learned Counsel for the Petitioners seeks to quash the charge sheet in STC No.699 of 2022 on the file of the learned District Munsif cum Judicial Magistrate, Sivagiri on the ground that after laying the final report, the Petitioners herein, who are arrayed as 2/4

accused and the De-facto Complainant had arrived at a compromise. A Joint Compromise Memo is also filed along with this Petition. 4.By way of reply, the learned Government Advocate (Crl.side) submitted that he has no objection to quash the charge sheet by recording compromise.

5.In the light of the Joint Compromise Memo, this Petition is allowed and the proceedings in STC No.699 of 2022 on the file of the learned District Munsif cum Judicial Magistrate, Sivagiri is quashed. The Joint Compromise Memo shall form part of this order. 19.10.2022 Index:Yes/No Internet:Yes/No aav To

1. The District Munsif cum Judicial Magistrate, Sivagiri 2.The Inspector of Police, Sivagiri Police Station Tenkasi District

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

3/4

SATHI KUMAR SUKUMARA KURUP , J.

aav CRL.O.P(MD)No.16104 of 2022 19.10.2022 4/4