Mohan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2023

CORAM:

THE HONOURABLE DR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.18517 of 2023 and Crl.M.P(MD)No. 14594 of 2023 Mohan

...Petitioners / Accused No.8

Vs.

1.The Inspector of Police, Thanjavur Medical College Police Station, Thanjavur District.

(In Crime No.18 of 2019) ...1st Respondent / Complainant 2.Sarathkumar ...2nd Respondent / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating to S.C.No.83 of 2020 on the file of the Principal Assistant Sessions Judge, Thanjavur and quash the same as against the petitioner.

For Petitioner : Mr.M.Karunanithi For Respondents : Mr.M.Vaikkam Karunanithi for R1 Government Advocate (Crl. Side) : Mr.P.Kalimuthu for R2 1/5

O RDER This Criminal Original Petition has been filed seeking to quash the charge sheet in S.C.No.83 of 2020 on the file of the Principal Assistant Sessions Judge, Thanjavur 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, as the case may be, in Crime No.18 of 2019 for the offences punishable under Sections 294(b), 506(ii), 147, 148, 427 and 307 of IPC, against the petitioner.

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.

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4. The learned counsel for the second respondent / defacto complainant submitted that because of the compromise reached between them, he is not claiming any damage from the accused.

5.The petitioner and the 2nd respondent in both cases, appeared before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Additional Public Prosecutor and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded. 6.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 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 S.C.No.83 of 2020 on the file of the Principal Assistant Sessions Judge, Thanjavur, is quashed and the compromise memo is recorded. 3/5

7.In the result, the Criminal Original Petitions stand allowed and the entire proceedings in S.C.No.83 of 2020 on the file of the Principal Assistant Sessions Judge, Thanjavur, is hereby quashed in respect of the petitioner and the terms of joint compromise memo shall form part of this order. Consequently, connected miscellaneous petition stands closed. 13.10.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No pnn To 1.The Inspector of Police, Thanjavur Medical College Police Station, Thanjavur District. (In Crime No.18 of 2019) 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN. J.

pnn Crl.O.P.(MD)No.18517 of 2023 13.10.2023 5/5