Muppidari @ Muppidathi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.22722 of 2023 Muppidari @ Muppidathi ... Petitioner / Accused No.6 Vs.

1.The State Rep by The Inspector of Police, Tiruchendur Police Station, Toothukudi District.

(In Crime No.25 of 2016) ... 1st Respondent/Complainant 2.Valli ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the case registered in impugned charge sheet in P.R.C.No.93 of 2023 on the file of the Judicial Magistrate Court, Tiruchendur, in connection with Crime No.25 of 2016 on the file of the fist respondent police and quash the same as illegal as against the petitioner.

For Petitioner : Mr.B.Arun For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.Side) For R2 : Mr.S.Pradeep 1/4

O RDER This Criminal Original Petition is filed seeking quashment of impugned charge sheet in P.R.C.No.93 of 2023 on the file of the Judicial Magistrate Court, Tiruchendur, in connection with Crime No.25 of 2016 on the file of the 1st Respondent Police.

2.The contention of the petitioner is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.25 of 2016 for the offences punishable under Sections 147, 294(b), 506(ii) of IPC r/w Section 3(1) of Tamil Nadu Property Prevention and Damage and Loss Act, against the petitioner.

3.The further contention of the petitioner is that he compromised the issue with the 2nd respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioner and the 2nd respondent and also by their respective counsels. 4.The petitioner 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 2/4

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 petitioner and also in view of the joint compromise memo, dated 21.12.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in P.R.C.No.93 of 2023 pending on the file of the Judicial Magistrate Court, Tiruchendur, is quashed and the compromise memo is recorded.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in P.R.C.No.93 of 2023 pending on the file of the Judicial Magistrate Court, Tiruchendur, is hereby quashed in respect of the petitioner and the terms of joint compromise memo shall form part of this order.

21.12.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No dss 3/4

G.ILANGOVAN. J.

dss To 1.The Judicial Magistrate Court, Tiruchendur.

2.The Inspector of Police, All Women Police Station, Karaikudi, Sivagangai District.

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

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