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Madras High CourtCRL OP(MD)/16854/2022allowed

Pullani v. The Inspector Of Police

2023-06-14Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.16854 of 2022 and Crl.M.P(MD) Nos.11288 and 11289 of 2022

1. Pullani

2. Padmanaban ... Petitioners/Accused Nos.1 to 2 Vs.

1.State, represented by The Inspector of Police, Tirupullani Police Station, Ramanathapuram District.

(Crime No. 127 of 2016).

... 1st Respondent/Complainant

2. Gurusamy ... 2nd Respondents/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the impugned charge sheet in C.C.No.17 of 2019 on the file of the learned Judicial Magistrate No.1 Court, Ramanathapuram, and quash the same as illegal as against the petitioners/accused.

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For Petitioners : Mr.Balamurugapandi D, For R1 : Mr.R.Sureshkumar Government Advocate (Crl. Side) O RDER This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.17 of 2019 on the file of the learned Judicial Magistrate No.1 Court, Ramanathapuram.

2.The contention of the petitioners is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.127 of 2016 for the offences punishable under Sections 341, 294(b), 323, 324 and 506(ii) IPC against the petitioners.

3.The further contention of the petitioners 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 petitioners and the 2nd respondent and also by their respective counsels. 2/5

4.The petitioners 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 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 13.06.2023, 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.17 of 2019 pending on the file of the learned Judicial Magistrate No.1 Court, Ramanathapuram. 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.17 of 2019, pending on the file of the learned Judicial Magistrate No.1 Court, Ramanathapuram. is hereby quashed in respect of the petitioners and the terms of joint compromise 3/5

memo shall form part of this order. Consequently, connected Miscellaneous Petitions are closed.

14.06.2023 Index : Yes/No Internet : Yes/No Indu To 1.The Judicial Magistrate No.1 Court, Ramanathapuram 2.The Inspector of Police, Tirupullani Police Station, Ramanathapuram District.

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

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G.ILANGOVAN. J.

Indu Crl.O.P.(MD) No.16854 of 2022 14.06.2023 5/5