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Madras High CourtCRL OP(MD)/17177/2023allowed

Venkata Krishnan v. The Inspector Of Police

2023-11-10Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD).No.17177 of 2023 1.Venkata Krishnan 2.Kumaresan ... Petitioners Vs.

1.The Inspector of Police, South Gate Police Station, Madurai City.

(Crime No.276 of 2021) 2.B.Devaraj ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records relating to the charge sheet in S.T.C No. 7569 of 2021 pending on the file of Judicial Magistrate Court No.IV, Madurai and quash the same as the matter is amicable settled between parties For Petitioners : Mr.R.Ramanujam For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) 1/5

For R2 : Mr.K.Kubendran

ORDER

This Criminal Original Petition has been filed seeking to call for the records pertaining to the charge sheet in S.T.C No. 7569 of 2021 pending on the file of Judicial Magistrate Court No.IV, Madurai and to quash the same as illegal in respect of the petitioners. 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.276 of 2021 for the offences punishable under Sections 337 of 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. 2/5

4.The petitioners and the 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. The conditions imposed by this Court was complied and acknowledgment is also produced in the typed set of papers. The compliance is also 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 S.T.C No. 7569 of 2021 pending on the file of Judicial Magistrate Court No.IV, Madurai, is quashed and the compromise memo is recorded.

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6. In the result, the Criminal Original Petition stands allowed and the entire proceedings in in S.T.C No. 7569 of 2021 pending on the file of Judicial Magistrate Court No.IV, Madurai, is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order.

10.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No pnn To 1.The Judicial Magistrate Court No.IV, Madurai. 2.The Inspector of Police, South Gate Police Station, Madurai City. (Crime No.276 of 2021) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN , J.

pnn Crl.O.P.(MD).No.17177 of 2023 10.11.2023 5/5