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Madras High CourtCRL OP(MD)/21033/2023allowed

Balaji v. The Inspector Of Police

2023-12-15Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:15.12.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Balaji ... Petitioner Vs.

1.State Rep by The Inspector of Police, Devakottai Town Police Station, Sivagangai District.

In Crime No.114/2023 2.Edison ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to pass an order to call for the records pertaining to in CC No.196/2023 on the file of Judicial Magistrate, Devakottai, Sivagangai District in Crime No.114/2023, U/s.294(b), 506(1) of IPC, dated 23.05.2023 and Quash the same as illegal as against the petitioner / accused.

For Petitioners : Mr.S.Sundara Pandian 1/5

For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) For R2 : Mr.S.Anantha Murugan

ORDER

This Criminal Original Petition is filed to call for the records pertaining to CC No.196/2023 on the file of Judicial Magistrate, Devakottai, Sivagangai District in Crime No.114/2023, U/s.294(b), 506(1) of IPC, dated 23.05.2023 and quash the same as illegal as against the petitioner / accused.

2.The contention of the petitioner is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.114 of 2023 for the offences punishable under Sections 294(b) and 506(i) of IPC, against the petitioner. 3.The further contention of the petitioner is that they compromised the issue with the 2nd respondent amicably. A joint memo of compromise 2/5

was filed, which has been duly signed by the petitioner and the 2nd respondent and also by their respective counsels. 4.The petitioner 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 petitioner and also in view of the joint compromise memo, dated 14.12.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in CC No.196/2023 on the file of Judicial Magistrate, Devakottai, Sivagangai 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 CC No.196/2023 on the file of Judicial Magistrate, Devakottai, Sivagangai District, is hereby quashed in respect of the petitioner and the terms of joint compromise memo shall form part of this order.

15.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No pnn To 1.The Judicial Magistrate, Devakottai, Sivagangai District. 2.The Inspector of Police, Devakottai Town Police Station, Sivagangai District. In Crime No.114/2023 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

pnn 15.12.2023 5/5