M.Balaji v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.16431 of 2022 M.Balaji .. Petitioner/Sole Accused Vs.

1.The State rep. by The Inspector of Police, Kadupatty Police Station, Madurai District.

(Crime No.15 of 2021) ... 1st Respondent/Complainant 2.M.Maruthupandian ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in C.C.No.21 of 2022 on the file of the Judicial Magistrate, Vadipatti, Madurai District and to quash the same, as against the petitioner.

For Petitioner : Mr.P.Surliraja For R1 : Mr.A.Albert James Government Advocate (Crl.Side) For R2 : Mr.M.Anbarasan 1/5

O RDER This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.21 of 2022 on the file of the learned Judicial Magistrate, Vadipatti, Madurai District.

2.The contention of the petitioner is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.20 of 2021 for the offences punishable under Sections 324 & 506(ii) IPC, against the petitioner. It appears that it is a dispute between two brothers.

3.The further contention of the petitioner 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 petitioner and the 2nd respondent and also by their respective counsels. 4.The petitioner 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 Additional Public Prosecutor and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is 2/5

recorded.

5.Considering the totality of the circumstances, the nature of the allegations levelled against the petitioner and also in view of the joint compromise memo, dated 09.09.2022, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in C.C.No.21 of 2022 pending on the file of the learned Judicial Magistrate, Vadipatti, Madurai District, is quashed and the compromise memo is recorded.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.21 of 2022, pending on the file of the learned Judicial Magistrate, Vadipatti, Madurai District is hereby quashed in respect of the petitioner and the terms of joint compromise memo shall form part of this order.

12.09.2022 Index : Yes/No Internet : Yes/No TM To 1.The Judicial Magistrate, Vadipatti, Madurai District. 3/5

2.The Inspector of Police, Kadupatty Police Station, Madurai District.

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

4/5

G.ILANGOVAN. J.

TM 12.09.2022 5/5