Madras High CourtCRL OP/8866/2016allowed

Sathasivam, v. State Rep. By Inspector

2016-04-28Honourable Ms. Justice R.Mala3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2016

CORAM

THE HONOURABLE MS.JUSTICE R. MALA CRL.O.P.No.8866 of 2016

1. Sathasivam

2. Ganapathi

3. Mathialagan

4. Tamilarasan

5. Parthiban

6. Divagar

7. Vijayakumar

8. Ajithkumar @ Vinothkumar

9. Arulkumar

10. Murali @ Johnson

11. Divagar

12. Suresh .. Petitioners/Accused .. Vs ..

1. State Rep. by, Inspector of Police, T-14, Mangadu Police Station, Chennai.

(Crime No.1258 of 2014) .. 1st Respondent/Complainant

2. Amul .. 2nd Respondent/De facto complainant Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the entire records in P.R.C.No.62 of 2015 in T-14, Mangadu Police Station Crime No.1258 of 2014 under Sections 147, 148, 448, 452, 427, 307 and 506(ii) IPC r/w. 3 of TNPPDL Act and 4 of TNPHW Act pending on the file of the learned District Munsif-cum-Judicial Magistrate, Sriperumbudur, and quash the proceedings in so far as they related to the petitioners.

For Petitioners:

Mr.M.Rajavelu For R-1 :

Mr.C.Emalias, Additional Public Prosecutor For R-2 :

Mr.Andrew Vivek Manoah

ORDER

This petition has been filed by the petitioners seeking to quash the proceedings in P.R.C.No.62 of 2015 pending on the file of the learned District Munsif-cum-Judicial Magistrate, Sriperumbudur.

2. Heard the learned counsel appearing for the petitioners as well as the learned Additional Public Prosecutor appearing for the first respondent and the learned counsel appearing for the second respondent.

3. It is seen that the alleged offences attributed against the petitioners are under Sections 147, 148, 448, 452, 324, 427, 307 and 506(ii) IPC r/w. 3 of TNPPDL Act and 4 of TNPHW Act. When the matter is taken up for hearing, the petitioners 1 to 12 and the second respondent/de facto complainant, appeared in person and their identification is also verified by this Court. The learned counsel for the second respondent/de facto complainant has filed an affidavit stating that the matter has been settled between her and the petitioners and she has no objection to quash the proceedings in P.R.C.No.62 of 2015 pending on the file of the learned District Munsif-cum-Judicial Magistrate, Sriperumbudur.

4. Considering the nature of allegations and also considering the affidavit filed by the second respondent/de facto complainant, this Court is of the opinion that no useful purpose would be served by keeping the matter pending. Therefore, the entire proceedings in P.R.C.No.62 of 2015 pending on the file of the learned District Munsif-cum-Judicial Magistrate, Sriperumbudur, in respect of the petitioners alone, are, hereby, quashed and this Criminal Original Petition is allowed accordingly.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To

1. The District Munsif-cum-Judicial Magistrate, Sriperumbudur.

2. The Inspector of Police, T-14, Mangadu Police Station, Chennai.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Rajavelu, Advocate sr.27039 CRL.O.P.No.8866 of 2016 lrs(CO) srg(10/05/2016)