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Madras High CourtCRL OP/20045/2016allowed

S.P.Senthilkumar v. The Inspector Of Police

2016-09-07Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 07.09.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.20045 of 2016

1. S.P.Senthilkumar

2. Udayan @ Maava Udayan @ Udayakumar

3. Siva

4. Nataraj

5. Arumugam

6. Saravanan

7. Raji @ Rangaraj

8. Parthasarathy

9. Nagarajan

10. Paneer

11. Arivazhagan

12. Selvam

13. P.K.Kaliappan

14. Pulidurai

15. S.Rammohan Rao

16. MGR Nagar Raja

17. K.P.Ray

18. Murugan @ Nendumurugan .. Petitioners Vs

1. State Represented by The Inspector of Police, R-8, Vadapalani Police Station, Chennai.

2. Kumar .. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to accept the Compromise and Quash the Proceedings Pending against the Petitioners in C.C.No.2358 of 2016 pending on the file of Learned XVII Metropolitan Magistrate, Saidapet, Chennai.

For Petitioner :

Mr.K.Balasubramaniam For R1 :

Mr.C.Emalias Additional Public Prosecutor For R2 :

Mr.G.Devarajan

ORDER

This Criminal Original Petition has been filed to accept the compromise and quash the proceedings pending against the petitioners in C.C.No.2358 of 2016 pending on the file of XVII Metropolitan Magistrate, Saidapet, Chennai.

2. Today, Ms.K.Sujee, Inspector of Police, R-8, Vadapalani Police Station, Chennai is present. M.Kumar, the de facto complainant is also present before this Court and he is identified by the police and his advocate Mr.S.Parthiban (Enrl.No.871/2016).

3. Heard the learned counsel for the petitioner, the learned Additional Public Prosecutor appearing for the first respondent State and the learned counsel appearing for the second respondent.

4. On the complaint lodged by Kumar, the respondent police registered a case in Cr.No.1496 of 2013 and after completing the investigation, filed a final report in C.C.No.2358 of 2016 before the XVII Metropolitan Magistrate Court, Saidapet, u/s 147, 148, 324 and 506 (ii) r/w 149 IPC against 19 persons, of whom, it is reported that A15 has died. Challenging the prosecution, the remaining 18 accused are before this Court on the ground that the parties have arrived at a compromise.

5. It appears that the dispute is essentially between two factions in South India Cine and TV Drivers' Association.

Kumar, the second respondent/de-facto complainant and the petitioners have filed a joint compromise memo.

6. Taking into consideration the facts and circumstances of the case, the FIR in Cr.No.1496 of 2013 on the file of the first respondent police is quashed on condition that a sum of Rs.10,000/- is payable to the Tamil Nadu State Judicial Academy, No.30 (90), P.S.K.R.Salai, Greenways Road, R.A.Puram, Chennai-28 within a period of two weeks from the date of receipt of a copy of this order.

7. In the result, this Criminal Original Petition is allowed.

Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar To 1.The Inspector of Police, R-8, Vadapalani Police Station, Chennai.

2. The Public Prosecutor, High Court, Madras.

3. The Director, Tamil Nadu State Judicial Academy, No.30 (90), P.S.K.R.Salai, Greenways Road, R.A.Puram, Chennai-28.

4.The XVII Metropolitan Magistrate, Saidapet, Chennai.

5.-do- thro' The Chief Metropolitan Magistrate, Egmore, Chennai.

+1 cc to MrK.Balasubramanian,advocate,sr.50674 skv(co) krd 10/11 Crl.OP No.20045 of 2016