Sudalai Subramanian v. The Inspector of Police

ORDER This Criminal Original Petition has been filed seeking to quash the impugned charge sheet in S.C.No.232 of 2018, on the file of the Judicial Magistrate Court No.II, Tirunelveli, dated 27.03.2018, in Crime No.25 of 2017, dated 19.03.2017, filed under Sections 294(b), 307, 323, 506(i) of I.P.C and Section 4 of TNPWH Act, registered on the file of the first respondent.

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 2017 for the offences punishable under Sections 294(b), 307, 323, 506(i) of I.P.C and Section 4 of TNPWH Act, against the petitioner.

¶3The further contention of the petitioner is that the issue between the brothers and they 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.

¶4The learned Government Advocate (Crl Side) would submit that the petitioner is having two previous cases and the prosecution evidence was over before the trial Court.

¶5Even though the prosecution evidence was over, because of the compromise reached and that the victim and the petitioner are brothers and the property dispute also upon settled between the parties.

¶6The 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 the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Joint Compromise Memo is recorded.

¶7Considering the totality of the circumstances, the nature of the allegations levelled against the petitioner and also in view of the compromise memo, this Court is of the opinion that no useful purpose will be served by keeping the matter pending and inclined to quash all further proceedings in S.C.No.232 of 2018, on the file of the Judicial Magistrate Court No.II, Tirunelveli, dated 27.03.2018, in Crime No.25 of 2017, dated 19.03.2017, filed under Sections 294(b), 307, 323, 506(i) of I.P.C and Section 4 of TNPWH Act, in respect of the petitioner.

¶8In the result, the Criminal Original Petition stands allowed and the entire proceedings in in S.C.No.232 of 2018, on the file of the Judicial Magistrate Court No.II, Tirunelveli, dated 27.03.2018, in Crime No.25 of 2017, dated 19.03.2017, filed under Sections 294(b), 307, 323, 506(i) of I.P.C and Section 4 of TNPWH Act, is hereby quashed in respect of the petitioner alone. The compromise memo is recorded and the terms of compromise memo shall form part of this order. Consequently, connected Miscellaneous Petitions are closed.

13.06.2023 Index : Yes/No Internet:Yes/No Ls To

1.The Judicial Magistrate Court No.II, Tirunelveli.

2.The Inspector of Police, Sivanthipatti Police Station, Tirunelveli District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. G.ILANGOVAN, J., Ls

13.06.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.06.2023 CORAM : THE HONOURABLE Mr. JUSTICE G.ILANGOVAN and Crl.M.P.(MD)Nos.5538 and 5539 of 2023 Sudalai Subramanian ... Petitioner / Sole accused Vs. 1. The Inspector of Police, Sivanthipatti Police Station, Tirunelveli District. Crime No.25/2017. ... 1st Respondent / Complainant 2.Ponnarasi ... 2nd Respondent/ Defacto complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to quash the impugned charge sheet in S.C.No.232 of 2018, on the file of the Judicial Magistrate Court No.II, Tirunelveli, dated 27.03.2018, in Crime No.25 of 2017, dated 19.03.2017, filed under Sections 294(b), 307, 323, 506(i) of I.P.C and Section 4 of TNPWH Act, registered on the file of the first respondent. For Petitioner : Mr.P.M.Vishnuvarthanan For R1 : Mr.R.Sureshkumar Government Advocate (Crl Side) For R2 : Mr.P.Selvakamatchi