Prabu @ Velladurai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN 1.Prabhu @ Velladurai 2.Thiraviyam 3.Preme ... Petitioners Vs.

1.State rep by The Inspector of Police, Keelavalavu Police Station, Melur Taluk Madurai District.

In Crime No.309 of 2021.

2.Panjavarnam

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the entire records connected to the impugned charge sheet in S.C No. 425 of 2022 on the file of the Learned Sub Court, Melur.

For Petitioners : Mr.R.Karunanidhi For R1 : Mr.M.Sakthi Kumar Government Advocate 1/5

(Crl.side) For R2 : Mr.T.Senthamilan

ORDER

This Criminal Original Petition has been filed seeking to quash the charge sheet in S.C.No.425 of 2022 on the file of the learned Sub Judge, Melur.

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.309 of 2021 for the offences punishable under Sections 109 and 307 of IPC against the petitioners. It appears that there is a small issue between the parties.

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. 4.The petitioners and the 2nd respondent appeared before this Court 2/5

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. The Victim boys are also appeared before this Court and stated that he was playing with the petitioner in the river. Except that the petitioner did not do any thing. The defacto complainant is also present before this Court and stated that by suspicion only she made the complaint. Even though it is stated that due to the previous enmity, the present complaint was given by the defacto complainant, implicating the petitioner as if he attempted to kill the victim boys. Now the facts has been disclosed to the effect that by suspicion only, she made complaint. 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, this Court is of the opinion that no useful purpose will be served by keeping the matter pending and inclined to quash all further proceedings in S.C.No.425 of 2022 pending on the file of the 3/5

learned Sub Judge, Melur in respect of the petitioners. 6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in S.C.No.425 of 2022, pending on the file of the learned Sub Judge, Melur is hereby quashed in respect of the petitioners alone. The compromise memo is recorded and the terms of joint compromise memo shall form part of this order. 30.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Sub Judge, Melur.

2.The Inspector of Police, Keelavalavu Police Station, Melur Taluk, Madurai District.

In Crime No.309 of 2021.

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

4/5

G.ILANGOVAN ,J.

TM 30.11.2023 5/5