Madras High CourtCRL OP(MD)/20013/2023allowed

Muthukannan v. The Inspector Of Police

2023-12-05Honourable Mr Justice G.Ilangovan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.12.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD).No.15245 & 15243 of 2023 Crl.O.P.(MD).No.20013 of 2023

1. Muthukannan

2. Rajkumar

3. Muthusamy

4. Selvi

5. Kalidass @ Muthukalidass

6. Ponnusamy

7. Ramakrishnan ... Petitioners Vs.

1.State Rep through the Inspector of Police, Emaneswaram Police Station, Ramanathapuram District.

(Crime No.189 of 2019) 2.Ponnuchamy 3.Muthu Kumar ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to Call for the records of impugned Charge Sheet in CC.No.11/2020 on the file of the learned Judicial Magistrate 1/6

Court Paramakudi and quash the same as illegal as against the petitioners.

For Petitioners : Mr.A.Abdulkabur For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) For R2 : Mr.M.S.Jeyakarthik Crl.O.P.(MD).No.19448 of 2023

1. Ponnuchamy

2. Muthukumar

3. Muthu Rama Raj

4. Vallimayil

5. Gandhi Mathi

6. Kani Mozhi ... Petitioners Vs.

1.State rep by its, The Sub-Inspector of Police, Emaneswaram Police Station, Ramanathapuram District.

(Crime No.190 of 2019) 2.Muthuchamy ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the entire records in relating to the 2/6

impugned charge sheet in C.C no. 10 of 2020 on the file of the learned Judicial Magistrate court, Paramakudi and to quash the same. For Petitioner : Mr.M.S.Jeyakarthik For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) For R2 : Mr.A.Abdul Kabur

ORDER

These Criminal Original Petitions are filed to call for the entire records in relating to the impugned charge sheet in C.C.Nos. 10 and 11 of 2020 on the file of the learned Judicial Magistrate court, Paramakudi and to quash the same.

2. The contention of the petitioners is that based on the complaint lodged by the 2nd respondent in both petitions, the 1st respondent registered the First Information Report in Crime No.189 of 2019 for the offences punishable under Sections 147, 148, 294(b), 323, 324, 506(ii) of IPC and in Crime No.190 of 2019 for the offences under Section 147, 148, 324, 294(b), 323, 355 and 506(ii) of IPC against the petitioners. 3/6

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 private respondents in both cases appeared before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Government Advocate and the Investigation Officer. The fifth petitioner appeared through video conference. 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 05.12.2023, 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.Nos. 10 and 11 of 2020 on the file of the learned Judicial Magistrate, Paramakudi, are quashed and the compromise memo is recorded.

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6.In the result, these Criminal Original Petitions stand allowed and the entire proceedings in in C.C.Nos. 10 and 11 of 2020 on the file of the learned Judicial Magistrate, Paramakudi, are 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.

05.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No pnn To 1.The Judicial Magistrate, Paramakudi.

2.The Inspector of Police, Emaneswaram Police Station, Ramanathapuram District. (Crime No.189 of 2019) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

pnn and Crl.M.P.(MD).No.15245 & 15243 of 2023 05.12.2023 6/6