Lawrence v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.12.2023
CORAM
THE HON'BLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD)Nos.16768, 16769 and 16770 of 2023
1. Lawrence
2. Geroge ... Petitioners in Crl.O.P.(MD).No.21424 of 2023
1. Lawrence
2. Jose Freddy Miller @ Jose Piradi Millar ... Petitioners in Crl.O.P.(MD).No.21426 of 2023 1.Vijayakumar
2. Rajesh ... Petitioners in Crl.O.P.(MD).No.21427 of 202 Vs.
1.The Sub Inspector of Police, Kotticode Police Station, Kanyakumari District.
Crime No.182 of 2017 and Crime Nos.85, 16 of 2018.
2. Reegan ... Respondents in all petitions COMMON PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records in C.C No. 167 of 2020, C.C No. 69 of 2020 and C.C No. 240 of 2021 on the file of the Judicial Magistrate No.I, Padmanabhapuram and may quash the same.
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For Petitioners : Mr.A.Balakrishnan For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) For R2 : Mr.K.P.Narayanakumar (in all petitions) COMMON ORDER These Criminal Original Petitions are filed to call for the records in C.C No. 167 of 2020, C.C No. 69 of 2020 and C.C No. 240 of 2021 on the file of the Judicial Magistrate No.I, Padmanabhapuram and may 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.182 of 2017 for the offences punishable under Sections 294(b), 447, 379 and 506(i) of IPC, in Crime No.85 of 2018 for the offences punishable under Sections 294(b), 447, 379 and 506(ii) of IPC and Section 4 of Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992 and in Crime No.16 of 2018 for the 2/6
offences under Section 147, 341, 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 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.
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 3/6
further proceedings in C.C No. 167 of 2020, C.C No. 69 of 2020 and C.C No. 240 of 2021 on the file of the Learned Judicial Magistrate No.I, Padmanabhapuram, are quashed and the compromise memo is recorded. 6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C No. 167 of 2020, C.C No. 69 of 2020 and C.C No. 240 of 2021 on the file of the Learned Judicial Magistrate No.I, Padmanabhapuram, are hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order. Consequently, connected miscellaneous petitions are closed. 08.12.2023 NCC :
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To 1.The Judicial Magistrate No.I, Padmanabhapuram. 2.The Sub Inspector of Police, Kotticode Police Station, Kanyakumari District. (Crime No.182 of 2017) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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G.ILANGOVAN ,J.
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