Mookandoss @ Iyappan v. The Inspector Of Police
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.21043 of 2023 1.Mookandoss @ Iyappan 2.Murugan 3.Sankarapandi ... Petitioners Vs.
1.The State represented by its Inspector of Police, Pettai Police Station, Tirunelveli City, Tirunelveli District.
(Cr.No.506/2023) 2.Kajah Mydeen ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records pertaining to FIR in Crime No.506/2023 on the file of the 1st Respondent herein and quash the same.
For Petitioners : Mr.S.Sundarapandian For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) For R2 : Mr.T.Prabakaran 1/6
Crl.O.P.(MD).No.21044 of 2023 1.Kajah mydeen 2.Siddiq ... Petitioners Vs.
1.The State rep.by its Inspector of Police, Pettai Police Station, Tirunelveli City, Tirunelveli District.
(Cr.No.507/2023) 2.Murugan ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records pertaining to FIR in Crime No.507/2023 on the file of the 1st Respondent herein and quash the same.
For Petitioners : Mr.T.Prabakaran For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) For R2 : Mr.S.Sundarapandian
ORDER
These Criminal Original Petitions are filed to call for the records pertaining to FIR in Crime Nos.506 and 507 of 2023 on the file of the 1st Respondent herein and quash the same.
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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.506 of 2023 for the offences punishable under Sections 294(b), 323, 307 and 506(2) of IPC and in Crime No.507 of 2023 for the offences under Sections 147, 294(b), 323, 324 and 506(ii) of IPC against the petitioners. 3.The further contention of the petitioners is that it is a case and counter case registered against the parties. They have 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 28.11.2023, 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.506 and 507 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.506 and 507 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 :
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To 1.The Inspector of Police, Pettai Police Station, Tirunelveli City, Tirunelveli District. (Cr.No.506/2023) 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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G.ILANGOVAN ,J.
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