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Madras High CourtCRL OP(MD)/17513/2023allowed

A.Vivekanandan v. The Inspector Of Police

2023-11-09Honourable Mr Justice G.Ilangovan5 pages

+BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN 1.A.Vivekanandan 2.Ilayaraja 3.Lenin 4.Murugesan 5.Baskaran ... Petitioners Vs.

1. The State rep.by The Inspector of Police, Orathanadu Police Station, Thanjavur District.

(Crime No: 131/2014) 2.Anbalagan 3.Shanmugaraja 4.Punniyamoorthi ..Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code,To call for the records relating to C.C.No.27 of 2023 on the file of the Judicial Magistrate, Orathanadu, Thanjavur District and to quash the same.

For Petitioner : Mr.S.Sathya Chidambaram For Respondent : Mr.M.Sakthi Kumar (for R1) 1/5

Government Advocate (Crl. Side) : Mr.N.Saravanan (for R2 to R4)

ORDER

This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C No. 27 of 2023 on the file of the Judicial Magistrate, Orathanadu, Thanjavur District.

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 in Crime No.131 of 2014 for the offences punishable under Sections 147, 148, 294(b), 323, 324 and 506(ii) of IPC against the petitioners. It appears that it is a dispute arose out of a settlement deed and now the parties are ready to settle the issue in an amicable manner. 3.The further contention of the petitioners is that they compromised the issue with the respondents 2 to 4 amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the respondents 2 to 4 and also by their respective counsels.

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4.The petitioners and the respondents 2 to 4 appeared before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Government Advocate (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 petitioners and also in view of the joint compromise memo, dated 11.10.2023, 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.27 of 2023 pending on the file of the learned Judicial Magistrate, Orathanadu, Thanjavur District, is quashed and the compromise memo is recorded.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.27 of 2023 pending on the file of the learned Judicial Magistrate, Orathanadu, Thanjavur District, is hereby 3/5

quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order.

09.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No VSG To

1. The State rep.by The Inspector of Police, Orathanadu Police Station, Thanjavur District.

(Crime No: 131/2014) 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

VSG 09.11.2023 5/5