Sangaiya @ Sangaiah v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.12.2023
CORAM
THE HON'BLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD).No.16444 of 2023 1.Sangaiya @ Sangaiah 2.Pandiyarajan 3.Sowntharapandian @ Soundrapandi 4.Sundhar @ Sundaram 5.Sangaiya 6.Karthic @ Karthik ... Petitioners No.1to 6/Accused No.1to 6 7.Mahendran ... Petitioner No.7/Accused No.8 8.Ramu @ Raman ... Petitioner No.8/Accused No.10 9.Suresh 10.Jothi Murugan ... Petitioners 9&10/Accused No.11&12 (Amended as per the order of this Court, dated 18.12.2023 in Crl.MP(MD)No.17908 of 2023 by GIJ) Vs.
1. The Sub Inspector of Police, Samayanallur Police Station, Madurai District.
(Crime No.51 of 2016) ... 1st Respondent/Complainant 1/6
2.Kannan ... 2nd Respondent/Defacto complainant 3.Karuppayee @ Karupayi ... 3rd Respondent/Injured Victim 4.Muthupandi ... 4th Respondent/Injured Victim PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records relating to the chargesheet pending in S.C.No.294 of 2023 on the file of the I Additional Sub Judge, Madurai, and quash the same as the parties amicably settled the differences.
For Petitioners : Mr.R.Ramanujam for M/s.Gandhi Associates For R 1 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) For R2 to R4 : Mr.J.Karthikeyan
ORDER
This Criminal Original Petition is filed seeking quashment of proceedings in S.C.No.294 of 2023 on the file of the learned I Additional Sub Judge, Madurai, in connection with Crime No.51 of 2016 on the file of the 1st Respondent Police.
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2.The name of the 10th petitioner was wrongly mentioned as 'Velmurugan' instead of 'Jothi Murugan' in the FIR as well as the final report.
3. After verifying the Aadhar Card of the 10th petitioner, the learned Government Advocate (Crl.Side) would submit that 'Jothi Murugan' is the correct name of the 10th petitioner. 4.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.51 of 2016 for the offences punishable under Sections 147, 148, 294(b), 323, 324, 452, 506(ii) and 307 of IPC, against the petitioners.
5.The further contention of the petitioners is that they compromised the issue with the respondents 2 to 10 amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the respondents 2 to 10 and also by their respective counsels.
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6.The petitioners and the respondents 2 to 10 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.
7.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 12.07.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in S.C.No.294 of 2023 pending on the file of the learned Judicial Magistrate Additional Mahila court, Madurai, is quashed and the compromise memo is recorded.
8.In the result, the Criminal Original Petition stands allowed and the entire proceedings in S.C.No.294 of 2023 pending on the file of the I-Additional Sub Judge, Madurai, is hereby quashed in respect of the 4/6
petitioners and the terms of joint compromise memo shall form part of this order.
18.12.2023 2/2 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No dss To 1.The I Additional Sub Judge, Madurai, 2.The The Sub Inspector of Police, Samayanallur Police Station, Madurai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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G.ILANGOVAN ,J.
dss Crl.O.P.(MD).No.16444 of 2023 18.12.2023 6/6