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Madras High CourtCRL OP(MD)/18643/2023allowed

Saravanan v. The Inspector Of Police

2023-11-16Honourable Mr Justice G.Ilangovan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD).No.18643 of 2023 1.Saravanan 2.Saran @ Sarankumar 3.Bhuvaneswari @ Saravanabhuvaneswari 4.A.Kalaiarasi @ Mayil 5.Prasannadevi 6.R.Venkateswaran 7.P.Jeya Panidiaya Raja @ Pandiarajan ... Petitioners / Accused Nos.1 to 7 Vs.

1.State Represented by The Inspector of Police, (Crime No.772/2021) 2.Devaki 3.Kumaravel 4.Suryadevi 5.Vetrivel (R3 to R5 are impleaded vide Court order dated 10.11.2023) ... Respondents 1/6

PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records pertaining to the case in C.C No. 599 of 2023 on the file of the Additional Mahila court, Madurai herein quash the same.

For Petitioners : Mr.B.Ashok For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) For R2 : Mr.A.Banumathy Crl.O.P.(MD).No.18594 of 2023 1.Kumaravel 2.Suryadevi 3.Devaki 4.vetrivel 5.Bharathi ... Petitioners Vs.

1.State Represented by The Inspector of Police, (Crime No.771/2021) 2.Saravanan

3. R.Venkateswaran (R3 is impleaded vide Court order dated 10.11.2023) ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records in connection with Crime No. 771 of 2021 on the file of the 1st respondent police and quash the same in so far as these petitioners is concerned. 2/6

For Petitioners : Mr.A.Banumathy For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) For R2 : Mr.L.Shaji Chellan

ORDER

These Criminal Original Petitions have been filed to call for the records pertaining to the case in C.C No. 599 of 2023 on the file of the Additional Mahila court, Madurai herein quash the same and to call for the records in connection with Crime No. 771 of 2021 on the file of the 1st respondent police and quash the same in so far as these petitioners are concerned.

2.The contention of the petitioners is that based on the complaint lodged by the 2nd respondent in both cases, the 1st respondent registered the First Information Report in Crime No.771 of 2021 for the offences punishable under Sections 147, 148, 448, 294(b) and 307 of IPC AND IN Crime No.772 of 2021 for the offences punishable under Sections 147, 323, 294(b), 506(i) and 34 of IPC read with Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, against the 3/6

petitioners. Final report in C.C.No.599 of 2023, has been filed in Crime No.771 of 2021, on the file of the learned Additional Mahila Court, Madurai. It appears that it is an issue between the neighbours over the water drainage issue.

3.The further contention of the petitioners is that they compromised the issue with the 2nd respondent in both cases, 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 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.

5.Considering the totality of the circumstances, the nature of the allegations levelled against the petitioners and also in view of the joint 4/6

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. 599 of 2023 on the file of the Additional Mahila court, Madurai and in Crime No. 771 of 2021 on the file of the 1st respondent police, are quashed and the compromise memo is recorded.

6.In the result, these Criminal Original Petitions stand allowed and the entire proceedings in C.C No. 599 of 2023 on the file of the Additional Mahila court, Madurai and in Crime No. 771 of 2021 on the file of the 1st respondent police, are hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order.

16.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No pnn 5/6

G.ILANGOVAN , J.

pnn To 1.The Inspector of Police, (Crime Nos.771 and 772 of 2021) 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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