Ganesan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.12.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD).Nos. 21470 and 21789 of 2023 Crl.O.P.(MD).No.21789 of 2023

1. Ganesan

2. Selvaveerammal

3. Veerasingam

4. Ilaya Raja

5. Thamaraiselvi ... Petitioners Vs.

1.The State Rep by The Inspector of Police, Thallakulam Police Station, Madurai City.

In Crime No.1441 of 2021 2.Sivanammal ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the entire records connected to the impugned FIR in Crime No.1441/2021 pending on the file of R1 and quash the same.

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For Petitioners : Mr.R.Karunanidhi For R1 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.side) For R2 : Mr.M.Baskaran Crl.O.P.(MD).No.21789 of 2023

1. Vijay

2. Anusuya

3. Sivanammal

4. Valarmathi

5. Muthulakshmi

6. Veerammal ... Petitioners Vs.

1.The State Rep by The Inspector of Police, Thallakulam Police Station, Madurai City.

In Crime No.1442 of 2021 2.Selaveerammal ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the entire records connected to the impugned First Information Report in Crime No.1442/2021 pending on the file of the 1st Respondent Police and quash the same. 2/6

For Petitioners : Mr.M.Baskaran For R1 : Mr.R.M.Anbunithi Addl.Public Prosecutor For R2 : Mr.R.Karunanidhi COMMON ORDER This Criminal Original Petition is filed to call for the entire records connected to the impugned First Information Report in Crime Nos.1441 and 1442 of 2021 pending on the file of the 1st Respondent Police and quash the same.

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.1441 of 2021 for the offences punishable under Sections 147, 294(b), 323, 324 and 506(i) of IPC and in Crime No.1442 of 2021 for the offences under Sections 147, 294(b), 323, 324 and 506(i) of IPC against the petitioners. It is a case, case in counter registered for the same issue.

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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 01.12.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in Crime Nos.1441 and 1442 of 2021 pending on the file of the 1st respondent police are quashed and the compromise memo is recorded.

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6. In the result, these Criminal Original Petitions stand allowed and the entire proceedings in Crime Nos.1441 and 1442 of 2021, 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.

15.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No pnn To 1.The Inspector of Police, Thallakulam Police Station, Madurai City. In Crime No.1441 of 2021 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

pnn Crl.O.P.(MD).Nos. 21470 and 21789 of 2023 15.12.2023 6/6