Madras High CourtCRL OP(MD)/14418/2024partly allowed

Virgil Ramesh v. The Inspector Of Police

2025-04-09Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL CRL. O.P(MD) No.14418 of 2024 1.Virgil Ramesh 2.Laazar 3.Alphose Jayapal 4.John Silvester 5.Carmel Raj 6.Jose Winbert King 7.Christurajan 8.Jose 9.Jesurajan @ Jesuraja Mohan ... Petitioners Vs.

1.The Inspector of Police, Nesamani Nagar Police Station, Kanyakumari District.

Crime No.345 of 2013 Princely @ Aslin (deceased) 2.George Phonnaiah

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records in CC.No.19 of 2018 on the file of the learned Judicial Magistrate No.2, Nagercoil, Kanyakumari District and quash the charge sheet against the petitioners/accused in CC.No.19 of 2018 on the file of the learned Judicial Magistrate No.2, Nagercoil, Kanyakumari District. Page No. 1 of 5

For petitioners : Mr.V.S.Ariharasudhan For Respondents : Mr.M.Karunanithi Government Advocate (Crl.side) For R2 : Mr.CN.Tamilzharasan *****

O R D E R

This petition has been filed by the petitioners to call for the records pertaining to CC.No.19 of 2018 on the file of the learned Judicial Magistrate No.2, Nagercoil, Kanyakumari District for the offences under Sections 147, 148, 294(b), 324 and 506(2) of IPC, in Crime No.345 of 2013 and quash the same.

2. When the matter was taken up for hearing, the learned counsels on both sides represented that during pendency of the case in CC.No.19 of 2018, the matter has also been amicably settled between the parties and to that effect, they have entered into a compromise and the same was filed before this Court. He further submits that in respect of the third petitioner/Alphose Jayapal, case has been split up. Page No. 2 of 5

3. In view of the above submission, since the case has been split up as against the third petitioner, this Criminal Original Petition is dismissed as far as the third petitioner/Alphose Jayapal is concerned.

4. In respect of the other petitioners are concerned, today, the victim and all the accused are present and the Court enquired about the terms of compromise. The victim represented that they entered into a compromise and he has no objection to quash the proceedings against the petitioners 1, 2 and 4 to 9. A compromise memo, dated 07.04.2025 signed by the parties and their respective counsels, is also filed before this Court.

5. This Court has perused the terms of the compromise memo.

6. Considering the nature of the offences and the parties have also entered into a compromise, it is appropriate to allow this petition.

7. Recording the said compromise memo, this petition is allowed and CC.No.19 of 2018 on the file of the learned Judicial Magistrate No.2, Nagercoil, Kanyakumari District, is quashed, as far as the petitioners 1, 2, Page No. 3 of 5

4 to 9 are concerned. The compromise memo dated 07.04.2025 filed by the parties shall form part of this order.

09.04.2025 NCC : Yes/No (1/2) Index : Yes / No Internet : Yes / No Rmk To 1.The Judicial Magistrate No.2, Nagercoil, Kanyakumari District. 2.The Inspector of Police, Nesamani Nagar Police Station, Kanyakumari District.

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

Page No. 4 of 5

P.DHANABAL,J Rmk Crl.OP(MD) No.14418 of 2024 09.04.2025 (1/2) Page No. 5 of 5