Madras High CourtCRL OP(MD)/20639/2023allowed

Kannan v. The Inspector Of Police

2023-12-05Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:05.12.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN

1. Kannan

2. Gomathi Sankar @ Sankar

3. Muthusamy

4. Esakki Muthu

5. Thilai Rajan

6. Talta Kannan @ Kannan ... Petitioners Vs.

1.The Inspector of Police, Valliyoor Police Station, Tirunelveli District.

(Crime No.188/2015) 2.Thirumalai Kumar ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the entire records relevant records in C.C.No.96 of 2021 on the file of the learned Judicial Magistrate Court, Valliyoor, Tirunelveli District and quash against the petitioners. 1/5

For Petitioners : Mr.P.Ponraj For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) For R2 : Mr.Paramasivan

ORDER

This Criminal Original Petition is filed to call for the entire records relevant records in C.C.No.96 of 2021 on the file of the learned Judicial Magistrate Court, Valliyoor, Tirunelveli District and quash against the petitioners.

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.188 of 2015 for the offences punishable under Sections 147, 148, 294(b), 323 and 506(ii) 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 2/5

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 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 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.No.96 of 2021 on the file of the learned Judicial Magistrate Court, Valliyoor, Tirunelveli District, is quashed and the compromise memo is recorded.

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6. In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.96 of 2021 on the file of the learned Judicial Magistrate Court, Valliyoor, Tirunelveli District, is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order.

05.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No pnn To 1.The Judicial Magistrate Court, Valliyoor, Tirunelveli District. 2.The Inspector of Police, Valliyoor Police Station, Tirunelveli District. (Crime No.188/2015) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

pnn 05.12.2023 5/5