Madras High CourtCRL OP(MD)/13779/2015allowed

Sivasubramanian @ Siva v. The Sub-Inspector Of Police

2015-07-22Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.07.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P.(MD)No.13779 of 2015 1.Sivasubramanian @ Siva 2.Nangaiyar Velu @ Velu ... Petitioners/A1 & A2 Vs.

1.The State rep. By The Sub Inspector of Police, Suthamalli Police Station, Tirunelveli District (Crime No.271 of 2014)

...Respondent No.1 /Complainant

2.M.Arumugam

...Respondent No.2/Defacto

Complainant PRAYER : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to call for the entire records pertaining to the case in Crime NO.271 of 2014 on the file of the Sub - Inspector of Police, Suthamalli Police Station, Tirunelveli District and quash the same and pass such any or other orders as this Court may deem fit and proper in the circumstances of the case.

For Petitioners : Mr.P.Gunasekaran For R1 : Mr.K.Anbarasan Govt. Advocate (Crl.side) For R2 : Mr.S.Madhankumar

ORDER

This Criminal Original petition has been filed under Section 482 of Cr.P.C seeking to quash the FIR in Crime NO.271 of 2014 on the file of the Sub - Inspector of Police, Suthamalli Police Station, Tirunelveli District.

2.Heard the learned counsel for the petitioners, learned counsel for the second respondent and the learned Government Advocate (Crl.side) appearing for the State.

3.The petitioners are arrayed as A1 and A2 in Crime No.271 of 2014 for the offences under Sections 294(b), 386 and 506(ii) IPC. The allegation against the petitioners is that the petitioners demanded Rs.70/- from the defacto complainant and threatened him with dire consequences.

4. When the matter is taken up for hearing, a joint compromise memo dated 20.07.2015 has also been filed duly signed by the parties and attested by the learned counsel for the parties stating that there is no need to proceed further. The second respondent/defacto complainant, who https://hcservices.ecourts.gov.in/hcservices/

is also present before this Court, has reiterated the same. This Court has perused the compromise memo.

5.Considering the submissions made and after going through the relevant documents including the offences alleged against the petitioners, this Court is inclined to quash the charge sheet as no useful purpose would be served by keeping the FIR any longer. Accordingly, the FIR in Crime No.271 of 2014 on the file of the Sub-Inspector of Police, Suthamalli Police Station, Tirunelveli District, is quashed. The compromise memo shall form part of record. This petition is ordered.

sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar ses To 1.The Sub Inspector of Police,Suthamalli Police Station, Tirunelveli District.

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

+one cc to M/s. P.Gunasekaran, Advocate in SR.No.40622 CRL.O.P.No.13779 of 2015 Dated: 22.07.2015 CSL/01.08.2015 2P/4C https://hcservices.ecourts.gov.in/hcservices/