Madras High CourtCRL OP(MD)/16657/2022allowed

Baskaran v. The Inspector Of Police

2025-01-21Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.01.2025

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.(MD) Nos.11124, 11125 of 2022 and 14169 of 2024 Baskaran ... Petitioner/Accused Vs.

1.The State, Rep. by Inspector of Police, City Crime Branch, Tirunelveli City.

Crime No.12 of 2006 2.Arumugam 3.Subbulakshmi (Died) 4.Murugesan (R3 and R4 are impleaded as per order dated 04.12.2024 and 19.12.2024 in Crl.M.P.(MD) Nos.5202 of 2024 and 14169 of 2024) ... Respondents/ Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in C.C.No. 37 of 2009 dated on the file of the learned Judicial Magistrate No.1, Tirunelveli and quash the same insofar as the petitioner is concerned. 1/4

For Petitioners : Mr.G.Thalaimutharasu For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl. Side) for R1 R2 Died, R3 Deceased

O R D E R

This petition has been filed to quash the proceedings in C.C.No.37 of 2009 pending on the file of the learned Judicial Magistrate No.1, Tirunelveli.

2. It was brought to the notice of this Court that the proceedings were quashed on the ground of compromise insofar as A1, A3 and A4 are concerned in Crl.O.P.(MD) No.17365 of 2019 by order dated 25.11.2019. The petitioner has been arrayed as A2 and the claim made by the petitioner is that the same order will also enure in favour of the petitioner.

3. Several attempts were made to serve the notice on the fourth respondent and every time it has been returned. When the matter came up for hearing on 07.01.2025, this court took note of the same. 2/4

4. In the considered view of this Court, no useful purpose will be served in continuing with the proceedings as against the petitioner (A2) when the proceedings has already been quashed on the ground of compromise as against A1, A3 and A4 in Crl.O.P.(MD) No. 17365 of 2019 by order dated 25.11.2019. Hence, the proceedings as against the petitioner is also hereby quashed and this Criminal Original Petition stands allowed. Consequently, connected miscellaneous petitions are closed.

21.01.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No PKN To The Judicial Magistrate No.1, Tirunelveli.

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N.ANAND VENKATESH,J.

PKN Dated: 21.01.2025 4/4