Dalmeshan Peris v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2024

CORAM:

THE HON'BLE MR JUSTICE A.A.NAKKIRAN Crl.O.P.(MD)No. 19461 of 2022 Dalmeshan Peris ... Petitioner / Accused No.4 Vs.

1.The Inspector of Police, Thoothukudi South Police Station, Thoothukudi.

In Crime No.687 of 2020 ... 1st Respondent / Complainant 2.Crossio Sharon ... 2nd Respondent / Complainant Prayer:Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records relating to the impugned final report in C.C.No.639 of 2022 on the file of the learned Judicial Magistrate No.I, Thoothukudi and quash the same as illegal as against the petitioner is concerned. For Petitioner : Mr.A.Mohan For R1 : Mr.R.M.Anbunithi Additional Public Prosecutor For R2 : Mr.G.Aravinthan 1/4

ORDER

This petition has been filed to quash the C.C.No.639 of 2022 pending on the file of the learned Judicial Magistrate No.I, Thoothukudi. 2.The contention of the petitioner is that based on the complaint lodged by the second respondent, the first respondent registered First Information Report in Crime No.687 of 2020 for the offences punishable under Section 147, 148, 294(b), 323, 324 and 506(ii) of IPC, against the petitioner.

3.The further contention of the petitioner is that they compromised the issue between him and the second respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioner and the second respondent and also by their respective counsels. 4.The petitioner and the second respondent appeared along with their respective counsels and also produced their Aadhar cards before this Court. They were also identified by the learned Additional Public Prosecutor. Both the parties were enquired by me and they accepted the terms of compromise. Hence the Compromise Memo is recorded.

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5. Considering the totality of the circumstances, the nature of the allegations levelled against the petitioner and also in view of the joint compromise memo, dated 02.11.2022, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. 6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.639 of 2022 pending on the file of the learned Judicial Magistrate No.I, Thoothukudi, is hereby quashed in respect of the petitioner and the terms of joint compromise memo shall form part of this order.

24.04.2024 NCC : Yes/No Internet:Yes Index:Yes/No dss To 1.The Judicial Magistrate No.I, Thoothukudi.

2. The Inspector of Police, Thoothukudi South Police Station, Thoothukudi.

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A.A.NAKKIRAN, J., dss 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No. 19461 of 2022 24.04.2024 4/4