Madras High Court
V.Bose vs The State on 24 September, 2021
Crl.O.P.(MD)No.12321 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN
Crl.O.P.(MD) No.12321 of 2021
1.V.Bose
2.B.Manikandan
3.Amutha
4.Jothilakshmi ... Petitioners
Vs.
1.The State
represented by The Inspector of Police,
Sivagangai Taluk Police Station,
Sivagangai,
Sivagangai District.
Crime No.316 of 2016
2.Nachi @ Nachammai
3.Velu .. Respondents
PRAYER: Criminal Original Petition is filed under Section 482 of
Cr.P.C, to quash the charge sheet in C.C.No.192 of 2020 pending on the
file of the learned Judicial Magistrate No.II, Sivagangai, insofar as this
petitioners are concerned.
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Crl.O.P.(MD)No.12321 of 2021
For Petitioners : Mr.S.Vijayakumar
For R1 : Mr.K.Sanjai Gandhi
Government Advocate (Crl.Side)
For R2 & R3 : Mr.S.Poorna Chandran
ORDER
This petition is filed seeking quashment of the Charge Sheet in
C.C.No.192 of 2020 on the file of the learned Judicial Magistrate No.II,
Sivagangai.
2.The contention of the petitioners is that they are the accused Nos.
1, 3, 9 and 10 in C.C.No.192 of 2020. Based upon the complaint given by
the 2nd respondent herein, the 1st respondent has registered the First
Information Report in Crime No.316 of 2016 for the offences punishable
under Sections 147, 294(b) and 506(ii) of IPC against the petitioners and
others.
3.The learned counsel appearing for the petitioners would submit
that the petitioners 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. In support his contention, he relief upon the
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Crl.O.P.(MD)No.12321 of 2021
judgment of this Court passed in Crl.O.P.(MD) No.18320 of 2018 dated
11.10.2018.
4.The petitioners and the 2nd respondent appeared through video
conference from the Office of the Government Advocate (Crl.Side)
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 18.08.2021, 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.192 of 2020 pending on the file of the
learned Judicial Magistrate No.II, Sivagangai 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.192 of 2020, pending on the file of the
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Crl.O.P.(MD)No.12321 of 2021
learned Judicial Magistrate No.II, Sivagangai is hereby quashed in
respect of this petitioners and the terms of joint compromise memo shall
form part of this order. Insofar as other accused persons are concerned,
the investigation may go on.
Index : Yes/No 24.09.2021
Internet : Yes/No
mm
Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the copy of
the order that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
To
1.The Inspector of Police,
Sivagangai Taluk Police Station,
Sivagangai,
Sivagangai District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.O.P.(MD)No.12321 of 2021
G.ILANGOVAN. J.
mm
Crl.O.P.(MD)No.12321 of 2021
24.09.2021
https://www.mhc.tn.gov.in/judis/
