Surya Siva @ Surya 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

1. Surya Siva @ Surya

2. Karthick

3. S.Ashokan

4. Paramasivam

5. Vijayakumar

6. Ondimuthu ... Petitioners Vs.

1. State Rep by The Inspector of Police, Cantonment Police Station, Trichy District.

In Crime No.1042 of 2022 2.Muruganandham ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to issue order of direction, To call for the records pertaining to the charge sheet in PRC No.92/2023 on the file of the Judicial Magistrate No.II, Trichy and quash the same as illegal in so far the petitioners concern.

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For Petitioner : Mr.T.Leninkumar For R1 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.side) For R2 : Mr.D.Venkatesh

ORDER

This Criminal Original Petition is filed to issue order of direction, to call for the records pertaining to the charge sheet in PRC No.92/2023 on the file of the Judicial Magistrate No.II, Trichy and quash the same as illegal in so far the petitioners concern.

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.1042 of 2022 for the offences punishable under Sections 294(b), 506(i), 385 and 395 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 2/5

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 15.12.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings PRC No.92/2023 on the file of the Judicial Magistrate No.II, Trichy, is quashed and the compromise memo is recorded.

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6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in PRC No.92/2023 on the file of the Judicial Magistrate No.II, Trichy, is 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 Judicial Magistrate No.II, Trichy.

2.The Inspector of Police, Cantonment Police Station, Trichy District. In Crime No.1042 of 2022 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

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