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Madras High CourtCRL OP(MD)/21025/2023allowed

Murugesan v. The Inspector Of Police

2023-12-12Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:12.12.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN

1. Murugesan

2. Veeramalai ... Petitioners Vs.

1. State Rep.by The Inspector of Police, Thanthonimalai Police Station, Karur District.

(In Crime No.634/2021) 2.Ranjetham ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records pertaining to the Impugned Charge sheet in the above P.R.C.No.26/2023 on the file of the Learned Judicial Magistrate No.1, Karur, Karur District and Quash the same.

For Petitioners : Mr.S.Sathyachidhambaram For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) For R2 : Mr.B.Santhanam Rajesh Kumar 1/4

ORDER

This Criminal Original Petition is filed to call for the records pertaining to the Impugned Charge sheet in the above P.R.C.No.26/2023 on the file of the Learned Judicial Magistrate No.1, Karur, Karur District 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.634 of 2021 for the offences punishable under Sections 294(b), 341, 323 and 307 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. 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 2/4

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 07.12.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in P.R.C.No.26/2023 on the file of the Learned Judicial Magistrate No.1, Karur, Karur District, is quashed and the compromise memo is recorded. Eventhough, the injury is serious in nature, it appears that the injured and the first accused are close relatives. Because of the relationship, they resolved the issue. 6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in P.R.C.No.26/2023 on the file of the Learned Judicial Magistrate No.1, Karur, Karur District, is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order.

12.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No pnn 3/4

G.ILANGOVAN , J.

pnn To

1. The Judicial Magistrate No.1, Karur, Karur District. 2.The Inspector of Police, Thanthonimalai Police Station, Karur District. (In Crime No.634/2021) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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