Muthumurugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)Nos.16078 and 16095 of 2023 Crl.O.P(MD)No.16078 of 2023 Muthumurugan

...Petitioner / Sole Accused

Vs.

(In Crime No.121/2015) ...1st Respondent / Complainant 2.Anand ...2ndRespondents / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating to the charge sheet in C.C. No.135/2022 on the file of the learned Judicial Magistrate, Vadipatti, Madurai and quash the same as illegal.

For Petitioner :Mr.K.V.Rajadurai For Respondent :Mr.M.Sakthi Kumar for R1 Government Advocate (Crl. Side) :Mr.B.Vinoth Kumar for R2 1/6

Crl.O.P(MD)No.16095 of 2023 1.Santhanam 2.Anand 3.Ravi @ Ravikumar

...Petitioners / Accused Nos.1 to 3

Vs.

(In Crime No.120/2015) ...1st Respondent / Complainant 2.Panjavarnam ...2ndRespondents / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating to the charge sheet in C.C. No.98/2022 on the file of the learned Judicial Magistrate, Vadipatti, Madurai and quash the same as illegal.

For Petitioners :Mr.B.Vinothkumar For Respondent :Mr.M.Sakthi Kumar for R1 Government Advocate (Crl. Side) :Mr.K.V.Rajadurai for R2 2/6

COMMON O RDER These Criminal Original Petitions have been filed seeking to quash the charge sheet in C.C.No.135/2022 on the file of the learned Judicial Magistrate, Vadipatti, Madurai and in C.C. No.98/2022 on the file of the learned Judicial Magistrate, Vadipatti, Madurai.

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, as the case may be, in Crime No.121 of 2015 for the offences punishable under Sections 448, 294(b), 323, 506(2) IPC and in Crime No.120 of 2015 for the offences under Sections 294(b), 323 and 326 of IPC, against the petitioner. It is a case, case in counter. Now both the parties have settled the issue between them.

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 in both cases and also by their respective counsels.

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4. The petitioners and the defacto complainants / 2nd respondent in both cases, 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 31.08.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in C.C. No.135/2022 on the file of the learned Judicial Magistrate, Vadipatti, Madurai and in C.C. No.98/2022 on the file of the learned Judicial Magistrate, Vadipatti, Madurai, is quashed and the compromise memo is recorded.

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6. In the result, the Criminal Original Petitions stand allowed and the entire proceedings in C.C. No.135/2022 on the file of the learned Judicial Magistrate, Vadipatti, Madurai and the proceedings in C.C. No.98/2022 on the file of the learned Judicial Magistrate, Vadipatti, Madurai, are hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order.

Speaking : Yes / No 13.10.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No pnn To (In Crime Nos.120 and 121/2015) 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, 5/6

G.ILANGOVAN. J.

pnn Crl.O.P.(MD)Nos.16078 and 16095 of 2023 13.10.2023 6/6