Vaigai Balan @ Balamurugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.07.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P.(MD)No.21656 of 2013 and M.P.(MD) Nos. 2 and 3 of 2013 1.Vaigai Balan @ Balamurugan 2.Periyakaruppan ... Petitioners/A1 & A3 Vs.

1.State rep. By Inspector of Police, Nilakottai Police Station, Dindigul District In Crime No.209 of 2009 ... Respondent No. 1 /Complainant 2.Karuppiah ... Respondent No.2/Defacto Complainant PRAYER:

Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to call for the records pertaining to the case in C.C.No.1519 of 2009 on the file of the Judicial Magistrate, Nilakottai and quash the same so far as the petitioners are concerned and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case. For Petitioners : Mr.S.Ramasamy For R1 : Mr.K.Anbarasan Govt. Advocate (Crl.side) For R2 : Mr.K.Muthu

ORDER

This Criminal Original petition has been filed under Section 482 of Cr.P.C seeking to quash the Charge Sheet in C.C.No.1519 of 2009 on the file of the learned Judicial Magistrate, Nilakottai.

2.Heard the learned counsel for the petitioners, learned counsel for the second respondent and the learned Government Advocate (Crl.side) appearing for the State.

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3. The allegation against the petitioner is that during temple festival pursuant to wordy quarrel, the petitioners committed the alleged offence. After completion of investigation, charge sheet has been filed and the same was taken on file in C.C.No.519 of 2009 on the file of the learned Judicial Magistrate, Nilakottai. .The petitioners are arrayed as A1 & A3 in C.C.No.1519 of 2009 for the alleged offences under Sections 341, 323 IPC. Both the counsel submitted that the matter has been compromised and there is no need to proceed further. A joint compromise memo dated 01.07.2015 has also been filed to that effect duly signed by the parties and attested by the learned counsel for the parties. This Court has perused the compromise memo.

4.Considering the submissions made and after going through the relevant documents including the offences alleged against the petitioners, this Court is inclined to quash the charge sheet as no useful purpose would be served by keeping the Charge Sheet any longer. Accordingly, the Charge Sheet in C.C.No.519 of 2009 on the file of the learned Judicial Magistrate, Nilakottai. is quashed. The compromise memo shall form part of record. This petition is ordered. Consequently, connected M.P.(MD) Nos. 2 and 3 are closed.

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate, Nilakottai.

2. The Inspector of Police,Nilakottai Police Station, Dindigul District

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+ 1 CC TO MR.S.RAMASAMY, ADVOCATE IN SR NO.40165 ses:

te : 1/08/2015: 2p/5c CRL.O.P.No.21656 of 2013 and M.P.(MD) Nos. 2 and 3 of 2013 22.07.2015 https://hcservices.ecourts.gov.in/hcservices/