Madras High Court
T. Kumar vs The State Represented on 2 November, 2021
Author: G.Ilangovan
Bench: G.Ilangovan
Crl.O.P.(MD)Nos.13631 and 13635 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN
Crl.O.P.(MD) Nos.13631 and 13635 of 2021
T. Kumar ... Petitioner / Accused
in Crl.O.P.No.13631/21
2nd respondent in
Crl.O.P(MD).No.13635 of 2021
Vs.
1.The State represented
by its Inspector of Police,
Koodankulam Police Station,
Tirunelveli District.
(Crime No.20 of 2018). . 1st respondent in both Crl.O.P.s
2.S. Lingam .. Petitioner in
Crl.O.P(MD).No.13635 of 2021
2nd respondent in
Crl.O.P(MD).no.13631 of 2021
PRAYER: These Criminal Original Petitions are filed under Section 482
Cr.P.C, to call for the records pertaining to the case in C.C.Nos.1456 of
2020 and 1449 of 2020 on the file of the learned Judicial Judicial
Magistrate, Radhapuram, Tirunelveli District and quash the same.
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Crl.O.P.(MD)Nos.13631 and 13635 of 2021
Petitioner in
Crl.O.P(MD).No.13635 of 2021
2nd respondent in
Crl.O.P(MD).No.13631 of 2021 : Mr. A. Kesavan
Petitioner in
Crl.O.P(MD).No.13631 of 2021
2nd respondent in
Crl.O.P(MD).No.13635 of 2021 : Mr. P. Rengaraju
For 1st respondent
in both Crl.O.Ps : Mr.K. Sanjay Gandhi
Government Advocate (Crl. Side)
ORDER
These Criminal Original Petitions have been filed seeking to quash the charge sheet in C.C.No.1456 of 2020 and 1449 of 2020 on the file of the Judicial Judicial Magistrate, Radhapuram, Tirunelveli District
2. This is a case of case and counter. Based on the complaint given by the petitioner in both Crl.O.Ps case have been registered by the 1st respondent Police in Crime No.20 of 2018 and Crime No.18 of 2018 respectively. The case has been registered for the offences under Sections 294(b), 324, 427 and 506(ii) IPC in Crime No. 20 of 2018 and for the offences under Sections 452, 294(b), 324 and https://www.mhc.tn.gov.in/judis 2/6 Crl.O.P.(MD)Nos.13631 and 13635 of 2021 506(ii) in Crime No.18 of 2018 respectively and the same were charge sheeted in C.C.No.1456 of 2020 and C.C.No.1449 of 2020 respectively on the file of the Judicial Magistrate, Radhapuram. It appears that both the petitioners are residing in the same village and they are maintaining the cordial relationship and they wanted to compromise the matter between them.
3. The further contention of the petitioners is that they compromised the issue with them amicably. A joint memo of compromise were filed, which have been duly signed by the petitioner in both Crl.O.Ps and also by their respective counsels.
4. Both the petitioner appeared through video conference from the Office of the Additional Public Prosecutor (Crl.Side) before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Additional Public Prosecutor (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 https://www.mhc.tn.gov.in/judis 3/6 Crl.O.P.(MD)Nos.13631 and 13635 of 2021 the allegations levelled against the petitioners and also in view of the joint compromise memos, dated 24.09.2021 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.1456 of 2020 and C.C.No.1449 of 2020 pending on the file of the Judicial Magistrate, Radhapuram. is quashed and the compromise memos are recorded.
6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.1456 of 2020 and C.C.No.1449 of 2020 , pending on the file of the learned IJudicial Magistrate, Radhapuram. is hereby quashed in respect of the petitioners and the terms of joint compromise memos shall form part of this order.
02.11.2021 Index : Yes/No Internet : Yes/No trp https://www.mhc.tn.gov.in/judis 4/6 Crl.O.P.(MD)Nos.13631 and 13635 of 2021 To
1.Inspector of Police, Koodankulam Police Station, Tirunelveli District.
(Crime No.20 of 2018).
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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