Magendran @ Mahendraprabu v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2023
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.20552 of 2023 1.Magendran @ Mahendraprabu 2.Sarathkumar 3.Dharmaraj ... Petitioners/Accused Nos.
1 to 3 Vs.
1.The Deputy Superintendent of Police, Melur Sub Division, Madurai District.
2.State rep by its The Inspector of Police, Keelavalavu Police Station, Madurai District.
(Crime No.263 of 2023).
...Respondents No.1 and 2/
Complainants 3.Mageshwari
...Respondent No.3/Defacto
Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating to the Crime No.263 of 2023, dated 10.10.2023 on the file of the 2nd respondent Police and to quash the same. 1/5
For Petitioners : Mr.A.V.Arun For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) For R2 : Mr.N.Saravanan O R D E R This petition has been filed seeking to quash the impugned FIR in Crime No.263 of 2023 on the file of the 1st respondent police. 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.263 of 2023 for the offences punishable under Sections 448, 294(b), 427, 506(i) of IPC and Section 4 of TNPHW Act, 2002 r/w. Section 3(1)(r), 3(1)(s) of SC/ST Act, 1989, 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. 2/5
4.The learned Government Advocate (Crl.Side) would submit that even though proposal for compensation to the defacto complainant is sent, so far it was not disbursed to her.
5.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 recorded.
6.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 04.12.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in Crime No.263 of 2023 pending on the file of the 1st respondent police is quashed and the compromise memo is recorded. 3/5
7.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.263 of 2023, pending on the file of the 1st respondent police is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order. 06.12.2023 Index : Yes/No Internet : Yes/No Indu To 1.The Deputy Superintendent of Police, Melur Sub Division, Madurai District.
2.State rep by its The Inspector of Police, Keelavalavu Police Station, Madurai District.
(Crime No.263 of 2023).
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
4/5
G.ILANGOVAN. J.
Indu Crl.O.P.(MD) No.20552 of 2023 06.12.2023 5/5