Nambiraja v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2023
CORAM
THE HON'BLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD).No.15379 of 2023 1.Nambiraja 2.Antro @ Antro Francis Amal 3.Sachin @ Anto Sachin Brian 4.Rajesh ... Petitioners Vs.
Valliyoor Police Station Thirunelveli District (Crime No.313 of 2023) 2.Premkumar 3.Sivakavitha ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records in crime No.313/2023 on the file of the 1st Respondent Police Station and quash the same. For Petitioners : M/s.C.Geetha For R1 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.side) For R2 : Mr..M.Abdul Rab Azad 1/6
Crl.O.P.(MD).No.15380 of 2023 1.Premkumar 2.Arasan 3.Sudar @ Sudar Mohan 4.Arun @ Arun Kumar ... Petitioners Vs.
Valliyoor Police Station, Thirunelveli District.
(Crime No.314 of 2022) 2.Nambiraja ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records in crime No.314/2023 on the file of the 1st Respondent Police Station and quash the same as against the petitioners.
For Petitioners : Mr.M.Abdul Rab Azad For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) For R2 : Ms. C.Geetha 2/6
COMMON ORDER These Criminal Original Petitions are filed to call for the entire records in Crime Nos.313 and 314 of 2023, pending on the file of the 1st Respondent Police Station and quash the same as illegal against the petitioners.
2.The contention of the petitioners is that based on the complaint lodged by the 2nd respondent in both cases, the 1st respondent registered the First Information Report in Crime No.313 of 2023 for the offences punishable under Sections 147, 294(b), 341, 324, 323 and 506(ii) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and in Crime No.314 of 2023 for the offences under Sections 147, 294(b), 341, 323, 324, 379 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. 3/6
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 Government Advocate (Crl. Side) 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 18.08.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in Crime Nos.313 and 314 of 2023 pending on the file of the 1st respondent police are quashed and the compromise memo is recorded.
6.In the result, these Criminal Original Petitions stand allowed and the entire proceedings in Crime Crime Nos.313 and 314 of 2023, pending on the file of the 1st respondent police are hereby quashed in respect of the petitioners and the terms of joint compromise memo shall 4/6
form part of this order.
15.12.2023 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No trp To Valliyoor Police Station Thirunelveli District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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G.ILANGOVAN ,J.
trp 15.12.2023 6/6