Madras High Court
A.Kalidass vs State Represented Through on 23 March, 2023
Author: G.Ilangovan
Bench: G.Ilangovan
Crl.O.P.(MD)No.4734 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.03.2023
CORAM :
THE HONOURABLE Mr. JUSTICE G.ILANGOVAN
Crl.O.P.(MD)No.4734 of 2023
1. A.Kalidass
2. Ganesh @ Ganeshrajan
3. Shanthi
4. Sri Aarthy .....Petitioners/ Accused 1 to 4
Vs.
1. State represented through
The Inspector of Police,
Rameswaram Town Police Station,
Ramanathapuram District.
Crime No.49 of 2022. ... 1st Respondent/Complainant
2. Yogeswaran @ Yogesh ....2nd Respondent/De-facto Complainant
Prayer : Criminal Original Petition filed under Section 482 of the Code of
Criminal Procedure, to call for the records relating to the case in Crime No.49
of 2022, pending on the file of the Inspector of Police, Rameswaram Town
Police Station, Ramanathapuram District, and quash the same as illegal.
For Petitioner : Mr.Kannan.M
For R1 : Mr.Nambiselvan.B
Additional Public Prosecutor
For R2 : Mr. Sundhareshwar.V.B
https://www.mhc.tn.gov.in/judis
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Crl.O.P.(MD)No.4734 of 2023
ORDER
This petition has been filed seeking to quash the impugned FIR in Crime No.49 of 2022 on the file of the 1st respondent police.
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.49 of 2022 for the offences punishable under Sections 294(b), 324, 506(ii) 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 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. https://www.mhc.tn.gov.in/judis 2/4 Crl.O.P.(MD)No.4734 of 2023
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 13.03.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in Crime No.49 of 2022 pending on the file of the 1 st respondent police is quashed and the compromise memo is recorded.
6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.49 of 2022, pending on the file of the 1st respondent police is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order.
23.03.2023 NCC:Yes/No Index : Yes/No Internet:Yes/No Indu To
1. The Inspector of Police, Rameswaram Town Police Station, Ramanathapuram District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis 3/4 Crl.O.P.(MD)No.4734 of 2023 G.ILANGOVAN, J., Indu Crl.O.P.(MD)No.4734 of 2023 23.03.2023 https://www.mhc.tn.gov.in/judis 4/4