Reejan @ Sheik Melington v. The Sub Inspector of Police

O R D E R

This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C. No.282 of 2021 on the file of the learned Judicial Magistrate-I, Nagercoil.

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.707 of 2020 for the offences punishable under Sections 294(b), 323 & 506(i) 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.

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 18.11.2022, 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.282 of 2021 pending on the file of the learned Judicial Magistrate-I, Nagercoil, 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.282 of 2021 on the file of the learned Judicial Magistrate-I, Nagercoil, is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order.

29.11.2023 Index : Yes/No Internet : Yes/No Indu G.ILANGOVAN. J. Indu To

1.The learned Judicial Magistrate-I, Nagercoil.

2.The Sub-Inspector of Police, Kanyakumari PS, Kanyakumari.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P.(MD) No.20599 of 2022

29.11.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:29.11.2023 CORAM: THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.20599 of 2022 1.Reejan @ Sheik Melington 2.Raja @ Rejold Raj 3.Vimal @ Vimal Raj ... Petitioners/Accused Vs. 1.State of Tamilnadu Rep by the Sub-Inspector of Police, Kanyakumari PS, Kanyakumari. ...1st Respondent/Complainant 2.Brightwin ...2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in C.C. No.282 of 2021 on the file of the learned Judicial Magistrate-I, Nagercoil, and quash the same. For Petitioners : Mr.Ashwin Bala Someshwar B.E For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) For R2 : Mr.Sri Prasad