Sivamurugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.18760 of 2023 1.Sivamurugan 2.Mayakannan 3.Archunan @ Arjunan ... Petitioners/1st to 3rd Accused Vs.

1.The State represented by its The Inspector of Police, Karaikudi North Police Station, Sivagangai District.

(Crime No.457/2021) ...1st Respondent/Investigation Officer/Complainant 2.Muthuramalingam ...2nd Respondent/Defacto Complainant 3.Dinesh ...3rd Respondent/Victim PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the entire records in relating to the impugned Charge sheet in S.C.No.140 of 2022 on pending trial before the Subordinate and Assistant Sessions Court, Devakottai, Sivagangai District and quash the same.

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For Petitioners : Mr.P.Sureshkumar For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) For R2 : Mr.A.Karthik O R D E R This Criminal Original Petition has been filed seeking to quash the charge sheet in S.C.No.140 of 2022 on the file of the Subordinate and Assistant Sessions Court, Devakottai, Sivagangai 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.457 of 2021 for the offences punishable under Sections 341, 294(b), 323, 307 & 506(ii) IPC, against the petitioners. It appears that the injury suffered by the victim in this matter is not serious and grievous also.

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3.The further contention of the petitioners 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 petitioners and the 2nd respondent and also by their respective counsels. 4.The petitioners 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 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 17.10.2023, 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.140 of 2022 pending on the file of the Subordinate and Assistant Sessions Court, Devakottai, Sivagangai District, is quashed and the compromise memo is recorded. 3/5

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in S.C.No.140 of 2022, pending on the file of the Subordinate and Assistant Sessions Court, Devakottai, Sivagangai District is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order. 06.12.2023 Index : Yes/No Internet : Yes/No Indu To 1.The Inspector of Police, KARAIKUDI NORTH Police Station, Sivagangai District.

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

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G.ILANGOVAN. J.

Indu Crl.O.P.(MD) No.18760 of 2023 06.12.2023 5/5