Murugan @ Balamurugan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2023
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.22273 of 2023
1. Murugan @ Balamurugan
2. Vishnu @ Jayavishnu
3. Jayaganesh
4. Rumanith Vijay
5. Sathya ... Petitioners /Accused Nos.1 to 5 Vs.
1.The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.
Crime No.1052 of 2020.
... 1st Respondent/Complainant
2. Perumalsamy ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating to the charge sheet in C.C.No.464 of 2022 on the file of the learned Judicial Magistrate No.II, Kovilpatti, and quash the same as illegal.
For Petitioners : Mr.M.Prabu For R1 : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) For R2 : Mr.R.Balakrishnan 1/4
O RDER This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.464 of 2022 on the file of the learned Judicial Magistrate No.II, Kovilpatti.
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.1052 of 2020 for the offences punishable under Sections 366, 147, 341, 354 & 506(ii) IPC and Section 4 of TNPHW Act, 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 Government Advocate (Crl.Side) 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 08.12.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in C.C.No.464 of 2022, pending on the file of the learned Judicial Magistrate No.II, Kovilpatti, is 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.464 of 2022, pending on the file of the learned Judicial Magistrate No.II, Kovilpatti, is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order.
20.12.2023 Index : Yes/No Internet : Yes/No Indu 3/4
G.ILANGOVAN. J.
Indu To
1. The learned Judicial Magistrate No.II, Kovilpatti. 2.The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD) No.22273 of 2023 20.12.2023 4/4