Akila 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

1. Akila

2. Vibinesh @ Vijayakumar

3. Jayalakshmi

4. Nirmalkumar ... Petitioners Vs.

1.The Inspector of Police, District Crime Branch, Karur District.

(Crime No.3 of 2013) 2.B.Vanitha ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records relating to the case in C. C No. 167 of 2014 on the file of the learned Judicial Magistrate No.II, Karur and to quash the same.

For Petitioners : Mr.M.Suresh For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) For R2 : Mr.L.Prabakaran 1/5

ORDER

This Criminal Original Petition is filed to call for the records pertaining to the case registered in impugned charge sheet in C. C No. 167 of 2014 on the file of the learned Judicial Magistrate No.II, Karur and quash the same.

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.3 of 2013 for the offences punishable under Sections 120(b), 420, 416, 417, 464, 468 and 471 of IPC altered to Sections 120(b), 420, 419, 468, 471 r/w 109 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. It is stated that the first accused even before this death, has cancelled all the disputed documents and compromised reached between the petitioners. Now the first accused is no more. The defacto complainant has also 2/5

admitted that the property is in her possession and title is also not disputed by the accused persons.

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 02.11.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in C. C No. 167 of 2014 on the file of the learned Judicial Magistrate No.II, Karur, 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. 167 of 2014 on the file of the learned Judicial Magistrate No.II, Karur, is hereby quashed in respect of the 3/5

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 Judicial Magistrate No.II, Karur, 2.The Inspector of Police, District Crime Branch, Karur District.

(Crime No.3 of 2013) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN , J.

pnn 27.11.2023 5/5