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Madras High CourtCRL OP(MD)/21189/2023allowed

Senthamarai Kannan v. The Inspector Of Police

2023-12-08Honourable Mr Justice G.Ilangovan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:08.12.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD).No.21189 of 2023 Senthamarai Kanna ... Petitioner Vs.

1.The Inspector of Police Silaiman Police Station Madurai District.

2.Ananthappan ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records from the respondent police in Crime No. 125 of 2023 and quash the same as against the petitioner.

For Petitioner : Mr.S.Velmurugan For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) For R2 : Mr.M.Suresh 1/6

Crl.O.P.(MD).No.21196 of 2023 Ananthappan ... Petitioner Vs.

1.The State Rep by its Inspector of Police Silaiman Police Station Madurai District.

(In Crime No:130 of 2023) 2.Senthamarai Kannan ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records from the respondent police in Crime No. 130 of 2023 and quash the same as against the petitioner.

For Petitioner : Mr.M.Suresh For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) For R2 : Mr.S.Velmurugan

ORDER

These Criminal Original Petitions are filed to call for the records from the respondent police in Crime Nos.125 and 130 of 2023 and quash the same as against the petitioner.

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2. The contention of the petitioners is that based on the complaint lodged by the 2nd respondent in both cases, the 1st respondent registered the First Information Report in Crime No.125 of 2023 for the offences punishable under Sections 294(b), 353 of IPC and in Crime No.130 of 2023 for the offences under Sections 352 and 506(i) 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 accepted the terms of compromise. Hence, the Compromise Memo is recorded.

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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 16.11.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in Crime Nos.125 and 130 of 2023 pending on the file of the 1st respondent police are quashed and the compromise memo is recorded.

6. In the result, these Criminal Original Petitions stand allowed and the entire proceedings in Crime Nos.125 and 130 of 2023, pending on the file of the 1st respondent police are hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order.

08.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No pnn 4/6

To 1.The Inspector of Police, Silaiman Police Station, Madurai District. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN , J.

pnn 08.12.2023 6/6