M.Balamurugan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.12.2023
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.20756 of 2023 and Crl.M.P(MD) Nos.16277 and 16278 of 2023 1.M.Balamurugan 2.S.Rajamanickam 3.A.Mani 4.K.Malai @ Prabakaran ... Petitioners/Accused Nos.
1 to 4 Vs.
1.The State rep by The Inspector of Police, Thiruchuli Police Station, Virudhunagar District.
(Crime No.282/2020) ...1st Respondent/Complainant 2.R.Karuppaiah ...2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating to C.C.No.70 of 2023 pending on the file of the learned District Munsif cum Judicial Magistrate court, Thiruchuli, Virudhunagar District and quash the same. For Petitioners : Mr.D.RajaBoopathy For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) For R2 : Mr.P.Balamurugan 1/4
O R D E R This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.70 of 2023 on the file of the District Munsif cum Judicial Magistrate Court, Thiruchuli, Virudhunagar 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.282 of 2020 for the offences punishable under Sections 448, 323, 324 & 506(ii) IPC and 4 of TNPHW Act, against the petitioners.
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 2/4
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 01.12.2023, 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.70 of 2023 pending on the file of the District Munsif cum Judicial Magistrate Court, Thiruchuli, Virudhunagar District, is quashed and the compromise memo is recorded. 6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.70 of 2023, pending on the file of the District Munsif cum Judicial Magistrate Court, Thiruchuli, Virudhunagar District is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order. Consequently, connected Miscellaneous Petitions are closed. 01.12.2023 Index : Yes/No Internet : Yes/No Indu 3/4
G.ILANGOVAN. J.
Indu To 1.The District Munsif cum Judicial Magistrate Court, Thiruchuli, Virudhunagar.
2.The Inspector of Police, Thiruchuli Police Station, Virudhunagar District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD) No.20756 of 2023 01.12.2023 4/4