Amarnath v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Amarnath ... Petitioner Vs.

1.The State Rep through The Inspector of Police Thiruppuvanam Police Station Sivagangai District (Crime No.43 of 2021) 2.Mr.Kameshwaran

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the relevant records in C.C.No.353 of 2022, pending on the file of the Learned Judicial Magistrate Court, Thiruppuvanam and Quash the same as illegal against the petitioner and pass such further order or orders..

For Petitioner : Mr.R.Senthilkumar For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) For R2 : Mr.K.Bharathi 1/5

ORDER

This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.353 of 2022 on the file of the learned Judicial Magistrate, Thiruppuvanam.

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 in Crime No.43 of 2021 for the offences punishable under Sections 294(b), 324 and 506(ii) of IPC. 3.The further contention of the petitioner 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 petitioner and the 2nd respondent and also by their respective counsels. 4.The petitioner 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 2/5

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 petitioner and also in view of the joint compromise memo, this Court is of the opinion that no useful purpose will be served by keeping the matter pending and inclined to quash all further proceedings in C.C.No.353 of 2022 pending on the file of the learned Judicial Magistrate, Thiruppuvanam in respect of the petitioner. 6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.353 of 2022, pending on the file of the learned Judicial Magistrate, Thiruppuvanam is hereby quashed in respect of the petitioner alone. The compromise memo is recorded and the terms of joint compromise memo shall form part of this order. 22.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM 3/5

To 1.The Judicial Magistrate, Thiruppuvanam.

2.The Inspector of Police Thiruppuvanam Police Station Sivagangai District (Crime No.43 of 2021) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

TM 22.11.2023 5/5