← Library
Madras High CourtCRL OP(MD)/1833/2021allowed

Kamaraj v. The Inspector Of Police

2022-03-01Honourable Mr Justice G.K. Ilanthiraiyan10 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.03.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD)Nos.1833 & 13232 of 2021 and Crl.M.P(MD)Nos.902 & 6821 of 2021 Kamaraj ... Petitioner/ Accused No.4 Vs.

1.The State represented by The Inspector of Police, Thiruchuli Police Station, Virudhunagar District.

(Crime No.199 of 2018) ... 1st Respondent/ Complainant

2. Marimuthu ... 2nd Respondent/ Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records of the FIR in Crime No.199 of 2018 on the file of the first respondent police and quash the same. For Petitioner : Mr.S.P.Edinbrough For Respondents : Mr.B.Thanga Aravindh Government Advocate(Crl.Side) for R.1 Crl.O.P(MD)No.13232 of 2021:

1.Ganesh Kumar 2.Palanichamy 3.Senthilmurugan ... Petitioners/ Accused Nos.1 to 3 4.Pakkiam 5.Muthumari ... Petitioners/ Accused Nos.5 & 6 Vs.

1.The State represented by The Inspector of Police, Thiruchuli Police Station, Virudhunagar District.

(Crime No.199 of 2018) ... 1st Respondent/Complainant 1/10

2. Marimuthu ... 2nd Respondent/Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records of the FIR in Crime No.199 of 2018 on the file of the first respondent police and quash the same. For Petitioners : Mr.S.P.Edinbrough For Respondents : Mr.B.Thanga Aravindh Government Advocate(Crl.Side) for R.1 COMMON

ORDER

These Criminal Original Petitions have been filed to quash the FIR in Crime No.199 of 2018 on the file of the respondent police. 2.The case of the prosecution is that on 01.10.2018, all the accused persons threatened the defacto complainant and scolded with filthy language infront of the defacto complainant's house. Further Accused No.1 was trying to assault the defacto complainant with aruvaal. Other accused persons was assaulted with wooden lock. It is also submitted that there is a civil dispute between the petitioners' family and the defacto complainant's family. Both are relatives. After partition, some boundary dispute arose between the parties. On 01.10.2018, the defacto complainant's family put up fence in the petitioners family land.

Thereafter, they came to know that the petitioners family is going to lodge a complaint before the first respondent Police. So they removed the fence. The defacto complainant's family members attacked the petitioner's brother / Accused No.3 and threatened and abused him in front of the C.S.I Church, Aaladipatti. In this regard, the Kamaraj's brother lodged a complaint and registered a case in Crime No.198 of 2018. As a counter blast, the present complaint was lodged against the petitioners' family members. It is also submitted that in order to escape from the clutches of law, the proceedings of the real occurrence, the present complaint was lodged against the petitioners family.

3. The learned counsel for both the parties submitted that this Court on 03.09.2021 had referred the matter before the Mediation and Conciliation Centre attached to this Bench and before mediation all the parties have entered into compromise and settled the issue amicable. The mediation agreement is as follows:- 2/10

3/10

4/10

5/10

6/10

7/10

8/10

9/10

4. A Mediation report has been filed before this Court which have been signed by the both parties and also by their respective counsel.

5. Under such circumstances, no useful purpose will be served in keeping the First Information Report pending before the respondent police. Even though, the offences involved are not compoundable in nature.

6. Based on the mediation report, these Criminal Original Petitions are allowed and as a sequel, the proceedings in Crime No.199 of 2018, on the file of the first respondent police, is quashed. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) mga Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1. The Inspector of Police, Thiruchuli Police Station, Virudhunagar District.

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

+1 CC to M/S.P.EDINBROUGH, Advocate SR-9314 dated 01/03/2022 Crl.O.P(MD)Nos.1833 & 13232 of 2021 and Crl.M.P(MD)Nos.902 & 6821 of 2021 01.03.2022 RK(05/04/2022) 10P 4C 10/10