Bala @ Balayogi v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.11.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH Crl.O.P.No.29073 of 2019 1.Bala @ Balayogi 2.Venkatesan 3.Dinesh Kumar 4.Mohan Kumar 5.Gangadharan 6.Prabhakaran 7.Dayalan @ Deenadayalan 8.Suman 9.Palani 10.Panneerselvam 11.Saravanan 12.Manikandan 13.Senthil 14.Selvamani 15.Gopalakrishnan 16.Sathasivam 17.Murali 18.Munusamy @ Kutti 19.Thamothiran 20.Jawahar

21.Baskaran 22.Ashok Kumar 23.Mothilal 24.Madhan Kumar 25.Veerabathiran @ Smart Veera 26.Subramani 27.Ealumalai 28.Magesh @ Manivannan 29.Muthu @ Palani Muthu

...Petitioners

Vs.

1.State rep.by The Inspector of Police, B-5, Manavala Nagar Police Station, Thiruvallur District.

(Crime No.88 of 2016) 2.J.Vignesh

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records relating to the case in S.C.No.178 of *2017 on the file of Hon'ble Principal Distirct & Sessions Judge, Thiruvallur in B-5 Manavala Nagar Police Station, Crime No.88 of 2016 on the file of the 1st respondent police herein and quash the same.

For Petitioners: Mr.R.Sasikumar For Respondents: Mr.C.Iyyapparaj Additional Public Prosecutor [for R1] Mr.P.Prince Premkumar [for R2]

O R D E R

This Criminal Original Petition is filed to call for the records relating to the case in S.C.No.178 of *2017 on the file of learned Principal Distirct & Sessions Judge, Thiruvallur in B-5 Manavala Nagar Police Station Crime No.88 of 2016 on the file of the 1st respondent police herein and quash the same.

2. It is stated by the learned counsel for the petitioners that pending the criminal complaint against the petitioners herein, the parties have amicably resolved the disputes among themselves and have also filed a Joint Compromise Memo to that effect.

3. In normal circumstances, this Court may not be inclined to quash the proceedings on the basis of compromise, if it involves to the offence under Section 307 IPC.

4. Nevertheless, the quashing of such proceedings would depend on the facts and circumstances on each and every case. In the instant case, the petitioners and the complainant belong to two different political parties and dispute arose with regard to issuance of tokens for Government free schemes.

5. Pursuant to the wordy quarrel on those dispute, the offense are said to have been committed. After the charge sheet filed in the year 2016, the parties have compromised the issue among themselves.

6. In view of the facts of this particular case, arising out of minor issue in a political rivalry, this Court is inclined to accept the compromise arrived at by the parties.

7. Recording the statements made in the joint memo of compromise, the proceedings in S.C.No.178 of *2017, pending on the file of the learned Principal District & Sessions Judge, Thiruvallur, is quashed.

The Criminal Original Petition stands disposed of accordingly.

-s/d- Assistant Registrar Dated : 20/11/2019 *Amended as per order of this Court dated 06.02.2020 in Crl.O.P.No.29073 of 2019 Sd/- Assistant Registrar (CO) Dated : 17/02/2020 True copy Sub-Assistant Registrar To 1.The Principal Distirct & Sessions Judge, To be substituted Thiruvallur.

to the order already despatched on

2. The Additional Public Prosecutor, 21.11.2019 High Court of Madras.

3.The Inspector of Police B-5 Manavala Nagar Police Station Tiruvallur District +4 ccs to Mr.R.Sasikumar Advocate sr91576 Crl.O.P.No.29073 of 2019 aa20/11/2019 GMY(18/02/2020)