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Madras High CourtCRL OP(MD)/16827/2023allowed

Krishna Moorthy v. The Inspector Of Police

2023-11-02Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.16827 of 2023 and Crl.M.P(MD)No.13395 of 2023 Krishna Moorthy ... Petitioner Vs

1. The Inspector of Police, Tiruchirappalli Railway Police Station, Trichy District. Crime No. 33/2023.

2. Arbind Kumar ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, call for the records pertaining to the Criminal case in C.C.No.644 of 2023 on the file of the learned Judicial Magistrate No.4, Trichy and quash the same.

For petitioner : Mr.S.Balaji For R1 : Mr..M.Sakthi Kumar Government Advocate (Crl.Side) For R2 : Mr.S.Madhankumar 1/5

O RDER This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.644 of 2023 on the file of the learned Judicial Magistrate No.4, Trichy.

2.The contention of the petitioner is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.33 of 2023 for the offences punishable under Sections 294(b), 323, 353, 506(i) IPC, against the petitioner. There was a petty issue between the parties. 3.The further contention of the petitioner is that he compromised the issue with the 2nd respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioner and the 2nd respondent and also by their respective counsels. 4.The petitioner and the 2nd respondent appeared before this Court along with their counsels and also produced their Aadhar cards. They were identified by the learned Government Advocate (Crl.Side) and the Investigation Officer. They were also appeared before the High Court Legal Services Committee, Madurai. Both the parties were 2/5

enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded.

5.Considering the totality of the circumstances and 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 C.C.No.644 of 2023 pending on the file of the learned Judicial Magistrate No.4, Trichy in respect of the petitioner.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.644 of 2023, pending on the file of the learned Judicial Magistrate No.4, Trichy is hereby quashed in respect of the petitioner. The compromise memo is recorded and the terms of joint compromise memo shall form part of this order. Consequently, connected miscellaneous petition is closed.

02.11.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No PNM 3/5

To 1.The Judicial Magistrate No.4, Trichy.

2. The Inspector of Police, Tiruchirappalli Railway Police Station, Trichy District. Crime No. 33/2023.

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

4/5

G.ILANGOVAN. J.

PNM ORDER IN and Crl.M.P(MD)No.13395 of 2023 02.11.2023 5/5