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Madras High CourtCRL OP(MD)/17506/2023allowed

John v. The Sub Inspector Of Police

2023-10-18Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.17506 of 2023 John ... Petitioner/Sole Accused Vs.

1.The Sub Inspector of Police, Devipattinam Police Station, Ramanathapuram District.

... 1st Respondent/Complainant 2.Mariya Singarayar ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records related to the Charge Sheet in C.C.No.128 of 2022, on the file of the Judicial Magistrate No.I, Ramanathapuram and quash the same.

For Petitioner : Mr.N.Anandakumar For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.Side) For R2 : Mr.S.Paul Murugesh O RDER This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.128 of 2022 on the file of the learned Judicial 1/4

Magistrate No.I, Ramanathapuram.

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.175 of 2021 for the offences punishable under Sections 294(b) & 324 of IPC, against the petitioner. 3.The further contention of the petitioner 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 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 also identified by the learned Government Pleader (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.

5.Considering the totality of the circumstances, the nature of the allegations levelled against the petitioner and also in view of the joint 2/4

compromise memo, dated 19.09.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, this Court is inclined to quash all further proceedings in C.C.No.128 of 2022 pending on the file of the learned Judicial Magistrate No.I, Ramanathapuram.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.128 of 2022, pending on the file of the learned Judicial Magistrate No.I, Ramanathapuram is hereby quashed in respect of the petitioner and the terms of joint compromise memo shall form part of this order.

18.10.2023 Index : Yes/No Internet : Yes/No TM Note: Issue order copy on 20.10.2023.

To 1.The Judicial Magistrate No.I, Ramanathapuram. 2.The Sub Inspector of Police, Devipattinam Police Station, Ramanathapuram District.

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

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G.ILANGOVAN. J.

TM 18.10.2023 4/4