Kannappan @ Kannappar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) Nos.23255 of 2023 and 890 of 2024 and Crl.M.P.(MD)Nos.553 and 555 of 2024 Crl.O.P.(MD)No.23255 of 2023:- Kannappan @ Kannappar

...Petitioner

vs 1.The Inspector of Police, 2.Revathi

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to call for the records of the FIR in Cr.No.186 of 2021 on the file of the first Respondent/Complainant and to quash the same as illegal as against the Petitioner.

For Petitioner :Mr.S.K.Mylavan For R1 :Mr.B.Thanga Aravindh Government Advocate (crl.side) For R2 :Mr.R.M.Sarvesh 1/6

Crl.O.P.(MD)No.890 of 2024:- 1.Subakar 2.Jini

...Petitioners

vs 1.The Inspector of Police, 2.Kannappan

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to call for the records of the charge sheet in C.C.No.730 of 2022 on the file of the III Judicial Magistrate, Nagercoil and to quash the same as illegal as against the Petitioner.

For Petitioners :Mr.R.M.Sarvesh For R1 :Mr.B.Thanga Aravindh Government Advocate (crl.side) For R2 :Mr.S.K.Mylavan **** COMMON ORDER Crl.O.P.(MD)No.23255 of 2023 had been filed by the sole accused seeking to quash the FIR in Crime No.186 of 2021 pending on the file of the 2/6

Inspector of Police, S.T.Kulam Police Station, Kanniyakumari District. 2.Crl.O.P.(MD) No.890 of 2024 had been filed by the accused 1 and 2 seeking to quash the charge sheet in C.C.No.730 of 2022 pending on the file of the learned Judicial Magistrate, No.III, Nagercoil. 3.The de-facto Complainant in Crl.O.P.(MD) No.890 of 2024 is the accused in Crl.O.P.(MD)No.23255 of 2023. The de-facto Complainant in Crl.O.P.(MD) No.23255 of 2023 is the wife of the first accused in Crl.O.P. (MD) No.890 of 2024.

4.Mr.S.K.Mylavan, learned Counsel [Enrl.No.239/2003], who had filed vakalat on behalf of the Petitioner/Accused in Crl.O.P.(MD)No.23255 of 2023 and the second Respondent in Crl.O.P.(MD)No.890 of 2024, Mr.B.Thanga Aravindh, learned Government Advocate (Crl.side) appearing on behalf of the first Respondent in both cases and Mr.R.M.Suresh, learned Counsel (Enrl.No.2256/2003], who had filed vakalat on behalf of the Petitioners/Accused in Crl.O.P.(MD)No.890 of 2024 and the second Respondent in Crl.O.P.(MD)No.23255 of 2022 are present in Court. 3/6

5.The learned Government Advocate (Crl.side), on instructions from the first Respondent submitted that both parties had preferred a statement before the first Respondent that they wanted to give a quietus to the criminal cases pending against each other. The learned Government Advocate (Crl.side) also furnished the status report filed by the first Respondent. 6.As per the status report filed by the first Respondent, the compromise arrived at between the parties concerned is bona fide. The status report is recorded. The joint compromise memo filed by the learned Counsel for the Petitioner and the learned Counsel for the de-facto Complainant is recorded.

In the light of the joint compromise memo, the Criminal Original Petitions are allowed. The case in Cr.No.186 of 2021 pending on the file of first Respondent Police is quashed. The final report in C.C.No.730 of 2022 pending on the file of the learned Judicial Magistrate No.III, Nagercoil is also quashed. Consequently, connected Miscellaneous Petitions are closed. Internet :Yes/No 28.02.2024 4/6

Index :Yes/No NCC :Yes/No cmr To 1.The Judicial Magistrate No.III, Nagercoil.

2.The Inspector of Police, 5/6

SATHI KUMAR SUKUMARA KURUP , J.

cmr CRL.O.P(MD)Nos.23255 of 2023 and 890 of 2024 28.02.2024 6/6