Naveen@Alagar v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) Nos.13096 and 13097 of 2015 1.Naveen @ Alagar 2.Vignesh 3.Krishnamoorthy 4.Anand 5.Manoj @ Manojkumar .. Petitioners/Accused Nos.2, 3, 6, 8 & in Crl.O.P.(MD) No.13096/2015 1.Bhaskaran 2.Ramamoorthy @ Alagar 3.Chandru @ Jeyachandran 4.Ajay .. Petitioners/Accused Nos.5, 4, 1 & 7 in Crl.O.P.(MD) No.13097/2015 -Vs1.State through The Sub-Inspector of Police, Sathirapatti Police Station, Madurai.

(Crime No.246 of 2015) .

... 1st Respondent/Complainant 2.A.Vinothkumar ... 2nd Respondent/Defacto Complainant Common Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the records relating to case in Crime No.246 of 2015 dated 05.05.2015 on the file of the Sub Inspector of Police, Sathrapatti Police Station, Madurai, Madurai District in so far as the petitioner's are concerned.

For Petitioners : Ms.V.Jeyarani Both Crl.O.Ps For 1st Respondent: Mr.K.Anbarasan Govt. Advocate (Crl.Side) Both Crl.O.Ps For 2nd Respondent: Mr.C.R.Ponnuthai Both Crl.O.Ps

COMMON ORDER This petition has been filed to call for the records in Crime No.246 of 2015 dated 05.05.2015 on the file of the Sub Inspector of Police, Sathrapatti Police Station, Madurai, Madurai District and to quash the same.

2. Heard the learned Counsel for the petitioners, the learned Government Advocate (Crl.Side) appearing for the first respondent and the learned counsel for the second respondent.

3. Based on the complaint given by the second respondent/defacto complainant, a case has been registered against the petitioner in Cr.No.246 of 2015 for offences under Sections 147, 294(b) and 323 I.P.C. and Section 4 of TNWH Act r/w SC/ST 3 (1)(R), 3(1(S) Amendment Ordinance Act, 2014 on the file of the first respondent. The said F.I.R. is challenged before this Court.

4. When the matter was called on 21.11.2016 both the petitioners as well as the second respondent were present before this Court and they categorically made a statement that the dispute between them have been settled amicably. They also filed a joint compromise memo duly signed by both parties and counter signed by their respective Counsel. The learned counsel for second respondent also has no objection to quash the proceedings in Crime No.246 of 2015 on the file of the respondent police. They have also further submitted that the petitioner was willing to donate Rs.20,000/- to the Government Girls Higher Secondary School, Ulaganeri.

5. In view of the above, this Court directed the petitioner to pay Rs.20,000/- to the Government Girls Higher Secondary School, Ulaganeri and also this Court dispensed with the appearance of the parties.

6. Today when the matter is called, the receipt has been filed. In view of the statements made by the parties and the joint compromise memo filed by them, no fruitful purpose will be achieved to proceed further in this matter.

7. In view of that, the impugned proceedings in Cr.No.246 of 2016, on the file of the first respondent is hereby quashed and the Criminal Original Petitions are allowed. The compromise memo shall form part of the order.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar

sj To 1.The The Sub-Inspector of Police, Sathirapatti Police Station, Madurai.

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

+2cc to Mr.V.Jeyarani,Advocate Sr.No. 71550,71551 JAM/05.12.16/SS 2/3P-6C Crl.O.P.(MD) Nos.13096 and 13097 of 2015 23.11.2016