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Madras High CourtCRL OP(MD)/20479/2022disposed of

Ashok Kumar v. The Inspector Of Police

2022-12-06Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2022

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Ashok Kumar : Petitioner/Sole Accused Vs.

1.State rep.through The Inspector of Police, Kottampatti Police Station, Madurai District.

Crime No.268 of 2021 : Respondent/Complainant 2.Thanushkodi : Respondent/Defacto Complainant 3.Kaviyarasan : Respondent/Victim PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to call for the records of impugned charge sheet in C.C.No.55 of 2022 on the file of the learned Judicial Magistrate, Melur and quash the same as illegal as against the petitioners.

For Petitioner : Mr.K.Saravanakumar For Respondents : Mr.SS.Madhavan, Government Advocate (Criminal Side), for R1.

: Mr.C.Thamothara Kannan, for R2.

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ORDER

The Criminal Original Petition is filed seeking orders to call for the records of impugned charge sheet in C.C.No.55 of 2022 on the file of the learned Judicial Magistrate, Melur and quash the same as illegal as against the petitioners.

2. The second respondent has lodged a complaint about the incident alleged to have been occurred on 30.09.2021 and FIR came to be registered in Crime No.268 of 2021, for the offence under Sections 324 and 506(2) IPC on the file of the first respondent Police. The first respondent, after completing the investigation, has laid the final report and the case was taken on file in C.C.No.55 of 2022 and the same is pending on the file of the Court of the Judicial Magistrate, Melur, for issuance of summons to the accused. 3.Meanwhile, the parties have decided to burry the hatchet and compromised their dispute among themselves amicably. In pursuance of the said compromise, they have filed a joint compromise memo.

4. The petitioner as well as the second and third respondents are present before this Court and they are identified by their counsel as well as 2/4

by the first respondent Police. On enquiry, before this Court both parties have accepted the compromise between them and filing of joint compromise memo. Hence, the compromise memo is recorded. 5.Considering the facts and circumstances of the case and also the nature of the charges levelled against the petitioner and also taking note of the fact that the parties have entered into compromise and filed joint compromise memo and recording of the same, this Court is of the view that no useful purpose would be served in keeping the case pending. Consequently, all the proceedings in CC.No.55 of 2022 pending on the file of the learned Judicial Magistrate, Melur, stands quashed.

6. In the result, the Criminal Original Petition stands allowed. 06.12.2022 das To 1.The Inspector of Police, Kottampatti Police Station, Madurai District.

2.The Additional Public Prosecutor, Madurai Bench of Madrash High Court, Madurai.

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K.MURALI SHANKAR, J.

das 06.12.2022 4/4