Madras High Court
Saravanan vs The State Rep By on 5 September, 2024
Author: D.Bharatha Chakravarthy
Bench: D.Bharatha Chakravarthy
Crl.O.P.(MD)No.13721 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Crl.O.P.(MD)No.13721 of 2023
Saravanan ... Petitioner/Accused No.6
vs.
1. The State rep by
The Inspector of Police,
Suchindram Police Station,
Kanyakumari District.
(Crime No.471 of 2018) ... 1st Respondent/Complainant
2.Muthukumaran ...2nd Respondent/Defacto
Complainant
Prayer:- Petition filed under Section 482 of Code of Cr.P.C., to call for the
records pertaining to the S.T.C.No.307 of 2023 on the file of the Judicial
Magistrate No.III, Nagercoil and quash the same as against the petitioner.
For Petitioner : Mr.V.Sukumar
For Respondents : Mr.Mr.A.Albert James,
Government Advocate (Crl.Side) for R1
Mr.B.Narayana Sudalai Muthu for R2
https://www.mhc.tn.gov.in/judis
1/4
Crl.O.P.(MD)No.13721 of 2023
ORDER
This petition is filed to quash the impugned charge sheet in
S.T.C.No.307 of 2023 on the file of the Judicial Magistrate No.III,
Nagercoil.
2. The offence is under Sections 147, 294(b), 323 and 506(i) of
the IPC, and the same is arising out of the mocking issue between the
parties.
3. Both parties are appeared before this Court. A copy of the
Joint Compromise Memo is also filed. The defacto complainant was
enquired by this Court, and he states that the case need not be proceeded
withm against the petitioner. A Joint Compromise Memo duly signed by
both the parties and also by their respective counsel. Therefore, the Joint
Memorandum of Compromise is recorded. The same shall form and part of
this order.
4. In view thereof, as per the dictum of the Hon'ble Supreme
Court of India in B.S.Joshi and ors., Vs. State of Haryana and anr.,
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.13721 of 2023
reported in (2003) 4 SCC 675 and the subsequent judgments, I am
inclined to quash the proceedings in S.T.C.No.307 of 2023 on the file of
the learned Judicial Magistrate No.III, Nagercoil.
5. Accordingly, the proceedings in S.T.C.No.307 of 2023 on the
file of the learned Judicial Magistrate No.III, Nagercoil, is quashed against
the petitioner alone and the Criminal Original Petition is allowed.
05.09.2024
NCC :Yes/No
Index :Yes/No
Internet : Yes/ No
dss
To
1.The Judicial Magistrate No.III,
Nagercoil.
2. The Inspector of Police,
Suchindram Police Station,
Kanyakumari District..
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.13721 of 2023
D.BHARATHA CHAKRAVARTHY, J.
dss
Crl.O.P.(MD)No.13721 of 2023
05.09.2024
https://www.mhc.tn.gov.in/judis
