Karnan v. The Inspector of Police

O RDER

This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.32 of 2023 on the file of the learned Judicial Magistrate, Kamuthi, Ramanathapuram District.

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.113 of 2021 for the offences punishable under Sections 448, 147, 148, 294(b), 323, 506(ii) IPC and Section 4 of TNPHW Act, 2002 and 67 of IT Act, 2000, 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 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 07.12.2023, 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.32 of 2023, pending on the file of the learned Judicial Magistrate, Kamuthi, Ramanathapuram District, 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.32 of 2023, pending on the file of the learned Judicial Magistrate, Kamuthi, Ramanathapuram District, 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 G.ILANGOVAN. J. Indu To

1.The learned Judicial Magistrate, Kamuthi, Ramanathapuram District.

2.The Inspector of Police, Peraiyur Police Station, Ramanathapuram District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P.(MD) No.22078 of 2023

20.12.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2023 CORAM: THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.22078 of 2023 1. Karnan 2. Sivakumar 3. Surya @ Suryaprakash ... Petitioners /Accused Nos.5 to 7 Vs. 1. The Inspector of Police, Peraiyur Police Station, Ramanathapuram District. (Crime No.113/2021). ... 1st Respondent/Complainant 2. Gnanasoundari ... 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 charge sheet in C.C. No.32 of 2023 before the learned Judicial Magistrate, Kamuthi, Ramanathapuram District and quash the same as illegal as against the petitioners in respect of the petitioners/Accused 5 to 7 concerned are concerned alone only. For Petitioners : Mr.Mohamed Ibrahim J For R1 : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side) For R2 : Mr.K.Muniyasamy