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1.M.Karmegam Vs. 1.The State of Tamil Nadu Rep. By2.M.Parvathy - Court Judgment

SooperKanoon Citation
CourtChennai High Court
Decided On
Judge
Appellant1.M.Karmegam
Respondent1.The State of Tamil Nadu Rep. By2.M.Parvathy
Excerpt:
.....praying to call for the records relating to c.c.no.164 of 2013 on the file of judicial magistrate, melur, madurai district and to quash the same. for petitioners : mr.n.dilip kumar for 1st respondent : mr.k.anbarasan government advocate(crl. side) for 2nd respondent : mr.m.vivekanandan crl.o.p.(md.no.1199 of 2015: 1.m.prakash 2.m.parthiban 3.m.parvathi 4.m.kiruba .petitioners .vs .1.the sub inspector of police, melavalavu police station, melavalavu, melur taluk, madurai district. (crime no.94 of 2013) 2.malaikolundu .respondents criminal original petition filed under section 482 of the code of criminal procedure, praying to call for the records and to quash the f.i.r.in crime no.94 of 2013 pending on the file of the 1st respondent. for petitioners : mr.m.vivekanandan for 1st respondent :.....
Judgment:

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2015 CORAM THE HON'BLE MR.JUSTICE C.T.SELVAM CRL.O.P.(MD)Nos.21965 of 2013, 1132, 1198 to 1201 of 2015 and M.P.(Md.No.1 of 2014 in CRL.O.P.(MD)Nos.21965 of 2013 Crl.O.P.(Md.No.21965 of 2013: 1.M.Karmegam 2.M.Gopalakrishnan .Petitioners .Vs .1.The State of Tamil Nadu rep.

by The Sub Inspector of Police, Melavalavu Police Station, Melur Taluk, Madurai District.

(Crime No.122 of 2013) 2.M.Parvathy .Respondents Criminal Original Petition filed under section 482 of the Code of Criminal Procedure, praying to call for the records relating to Cr.No.122 of 2013 on the file of Melavalavu Police Station, Melur Taluk, Madurai District and to quash the same.

For Petitioners : Mr.N.Dilip Kumar For 1st Respondent : Mr.K.Anbarasan Government Advocate(Crl.

Side) For 2nd Respondent : Mr.M.Vivekanandan Crl.O.P.(Md.No.1132 of 2015: 1.Malaikolunthu 2.Suresh 3.Krishnaveni .Petitioners .Vs .1.The State of Tamil Nadu rep.

by The Sub Inspector of Police, Melavalavu Police Station, Melur Taluk, Madurai District.

(Crime No.93 of 2013) 2.Prakash .Respondents Criminal Original Petition filed under section 482 of the Code of Criminal Procedure, praying to call for the records relating to Cr.No.93 of 2013 on the file of Melavalavu Police Station, Melur Taluk, Madurai District and to quash the same.

For Petitioners : Mr.N.Dilip Kumar For 1st Respondent : Mr.K.Anbarasan Government Advocate(Crl.

Side) For 2nd Respondent : Mr.M.Vivekanandan Crl.O.P.(Md.No.1198 of 2015: 1.Sundaraj 2.Perumal 3.Malaichamy 4.Pothum Ponnu 5.Karuppana Surya .Petitioners .Vs .1.The State of Tamil Nadu rep.

by The Sub Inspector of Police, Melavalavu Police Station, Melur Taluk, Madurai District.

(Crime No.164 of 2012) 2.Karuthapandi .Respondents Criminal Original Petition filed under section 482 of the Code of Criminal Procedure, praying to call for the records relating to C.C.No.164 of 2013 on the file of Judicial Magistrate, Melur, Madurai District and to quash the same.

For Petitioners : Mr.N.Dilip Kumar For 1st Respondent : Mr.K.Anbarasan Government Advocate(Crl.

Side) For 2nd Respondent : Mr.M.Vivekanandan Crl.O.P.(Md.No.1199 of 2015: 1.M.Prakash 2.M.Parthiban 3.M.Parvathi 4.M.Kiruba .Petitioners .Vs .1.The Sub Inspector of Police, Melavalavu Police Station, Melavalavu, Melur Taluk, Madurai District.

(Crime No.94 of 2013) 2.Malaikolundu .Respondents Criminal Original Petition filed under section 482 of the Code of Criminal Procedure, praying to call for the records and to quash the F.I.R.in Crime No.94 of 2013 pending on the file of the 1st respondent.

For Petitioners : Mr.M.Vivekanandan For 1st Respondent : Mr.K.Anbarasan Government Advocate(Crl.

Side) For 2nd Respondent : Mr.N.Dilip Kumar Crl.O.P.(Md.No.1200 of 2015: 1.Karuthapandi 2.Mookammal 3.Chitra .Petitioners .Vs .1.The Sub Inspector of Police, Melavalavu Police Station, Melavalavu, Melur Taluk, Madurai District.

(Crime No.165 of 2012) 2.Alagu .Respondents Criminal Original Petition filed under section 482 of the Code of Criminal Procedure, praying to call for the records and to quash the C.C.No.143 of 2013 pending on the file of the Judicial Magistrate, Melur, Madurai District.

For Petitioners : Mr.M.Vivekanandan For 1st Respondent : Mr.K.Anbarasan Government Advocate(Crl.

Side) For 2nd Respondent : Mr.N.Dilip Kumar Crl.O.P.(Md.No.1201 of 2015: 1.M.Parthiban 2.Satheesh .Petitioners .Vs .1.The Sub Inspector of Police, Melavalavu Police Station, Melavalavu, Melur Taluk, Madurai District.

(Crime No.60 of 2013) 2.P.Karuppan .Respondents Criminal Original Petition filed under section 482 of the Code of Criminal Procedure, praying to call for the records and to quash the F.I.R.in Crime No.60 of 2013 pending on the file of the 1st respondent.

For Petitioners : Mr.M.Vivekanandan For 1st Respondent : Mr.K.Anbarasan Government Advocate(Crl.

Side) For 2nd Respondent : Mr.N.Dilip Kumar - - - - - :COMMON ORDER

These Criminal Original Petitions have been filed under Section 482 Cr.P.C, seeking to quash the proceedings in Crime Nos.60, 93, 94 and 122 of 2013 pending on the file of Melavalavu Police Station, Melur Taluk, Madurai District and C.C.Nos.143 and 164 of 2103 on the file of the learned Judicial Magistrate, Melur.

2.Heard the learned counsel for the petitioner, the learned Government Advocate (Crl.

Side) for the fiRs.respondent and the learned counsel for the second respondent.

3.The case in Crime No.122 of 2013 on the file of the fiRs.respondent has been registered for offences under Sections 420, 471, 468, 294(b) and 506(i) I.P.C.against the petitioners in Crl.O.P.(Md.No.21965 of 2013.

The case in Crime No.93 of 2013 on the file of the fiRs.respondent has been registered for offences under Sections 147, 148, 294(b).323, 324, 355, 427 and 506(i) I.P.C.against the petitioners in Crl.O.P.(Md.No.1132 of 2013 and otheRs.The case in Crime No.164 of 2013 on the file of the fiRs.respondent has been registered for offences under Sections 147, 148, 341, 294(b).323, 324, 355, 427 and 506(ii) I.P.C.r/w Section 4 of Tamil Nadu Women Harassment Act against the petitioners in Crl.O.P.(Md.No.1198 of 2015 and now, pursuant to investigation charge sheet has been filed, which has been taken on file in C.C.No.164 of 2013 by the learned Judicial Magistrate, Melur.

The case in Crime No.94 of 2013 on the file of the fiRs.respondent has been registered for offences under Sections 294(b).323, 324, 355 and 506(i) I.P.C.against the petitioners in Crl.O.P.(Md.No.1199 of 2015.

The case in Crime No.165 of 2012 on the file of the fiRs.respondent has been registered for offences under Sections 294(b).341, 323, 355, 354 and 506(i) I.P.C.and Section 4 of Tamil Nadu Women Harassment Act against the petitioners in Crl.O.P.(Md.No.1200 of 2015 and now, pursuant to investigation charge sheet has been filed, which has been taken on file in C.C.No.143 of 2013 by the learned Judicial Magistrate, Melur.

The case in Crime No.60 of 2013 on the file of the fiRs.respondent has been registered for offences under Sections 294(b).323 and 506(i) I.P.C.against the petitioners in Crl.O.P.(Md.No.1201 of 2015.

4.

Respective petitioners/accused in these cases and the respective defacto complainants have dispute over the property which is pending adjudication before the Civil Court.

They have lodged complaints against each other resulting in registration of cases against both sides.

They have now realized folly of their actions and finding that parties on either side facing difficulties owing to the pendency of the criminal cases, seeks quashing of the proceedings.

5.

As many as six memos of compromise signed by the respective accused, defacto complainant and their respective counsel informing an intent to give the criminal cases a quietus.

None of the case registered involves any grievous injury to any side.

In the circumstances, this Court would accept the present memos of compromise and allows these Criminal Original Petitions.

6.

Accordingly, the proceedings in Crime Nos.60, 93, 94 and 122 of 2013 pending on the file of Melavalavu Police Station, Melur Taluk, Madurai District and C.C.Nos.143 and 164 of 2103 pending on the file of the learned Judicial Magistrate, Melur shall stand quashed.

Consequently, connected M.P.(Md.No.1 of 2014 in Crl.O.P.(Md.No.21965 of 2013 stands closed.

22.01.2015 Index : Yes/No Internet : Yes/No sj C.T.SELVAM, J.

sj To 1.The Judicial Magistrate, Melur, Madurai District.

2.The Sub Inspector of Police, Melavalavu Police Station, Melur Taluk, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

CRL.O.P.(MD)Nos.21965 of 2013, 1132, 1198 to 1201 of 2015 and M.P.(Md.No.1 of 2014 in CRL.O.P.(MD)Nos.21965 of 2013 22.01.2015


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