Somasundaram v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2023
CORAM
THE HON'BLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD).Nos.20637 and 20548 of 2023 Somasundaram ... Petitioner Vs.
1.The Inspector of Police, Musiri, Trichy District.
(Crime No.121 of 2013) 2.Balu 3.Anandhapriya ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records pertaining to the Charge Sheet in S.C.NO.182 of 2023 on the file of the Learned Sessions Judge, Mahila Court, Tiruchirappalli and quash the same as illegal. For Petitioner : Mr.P.Banuprasath For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) For R2 : Mr.K.ArunRaj 1/6
Crl.O.P.(MD).No.20548 of 2023 1.Balu 2.Thangaselvam 3.Krishnamoorthy 4.Sellathurai 5.Prasath @ Prakash ... Petitioners Vs.
1.The Inspector of Police, Musiri, Trichy District.
(Crime No.122 of 2013) 2.Somasundaram ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records pertaining to the charge sheet in C.C No. 89 of 2021 on the file of the Learned Judicial Magistrate, Musiri and quash the same as illegal. For Petitioners : Mr.K.Arunraj For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) For R2 : Mr.P.Banu Prasath 2/6
COMMON ORDER These Criminal Original Petitions have been filed seeking to quash the charge sheets in S.C.NO.182 of 2023 on the file of the Learned Sessions Judge, Mahila Court, Tiruchirappalli and in C.C No. 89 of 2021 on the file of the Learned Judicial Magistrate, Musiri. 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.121 of 2013 for the offences punishable under Sections 366(A) of IPC and in Crime No.122 of 2013 for the offences under Section 147, 341, 294(b), 324 of IPC, 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. 3/6
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 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 compromise memo, dated 17.11.2023, 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.182 of 2023 on the file of the Learned Sessions Judge, Mahila Court, Tiruchirappalli and in C.C No. 89 of 2021 on the file of the Learned Judicial Magistrate, Musiri, are quashed and the compromise memo is recorded.
6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in S.C.NO.182 of 2023 on the file of the Learned Sessions Judge, Mahila Court, Tiruchirappalli and in C.C No. 89 of 2021 4/6
on the file of the Learned Judicial Magistrate, Musiri, are hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order.
27.11.2023 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No pnn To 1.The Sessions Judge, Mahila Court, Tiruchirappalli. 2.The Judicial Magistrate, Musiri.
3.The Inspector of Police, Musiri, Trichy District.
(Crime No.121 of 2013) 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
5/6
G.ILANGOVAN , J.
pnn Crl.O.P.(MD).Nos.20637 and 20548 of 2023 27.11.2023 6/6