Ramachandran.V v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.1159 of 2023 and Crl.M.P.(MD).Nos.1037 and 1038 of 2023 1.V.Ramachandran 2.Veeralakshmi

...Petitioners / Accused No.2 & 3

Vs.

1.The Inspector of Police, Srivilliputhur Town Police Station, Srivilliputhur Town, Virudhunagar District.

(In Crime No.629/2015) ...1st Respondent / Complainant 2.S.R.Arjuna Raja ...2nd Respondent / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the Final report in S.T.C. No.1549 of 2022 pending on the file of the Judicial Magistrate Court No.II, Srivilliputtur and to quash the same in so far as the petitioners are concerned by allowing this Criminal Original Petition.

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For Petitioner :Mr.M.Thirunavukkarasu For Respondent :Mr.M.Vaikkam Karunanithi (for R1) Government Advocate (Crl. Side) : Mr.T.Thevan (for R2) O RDER This petition is filed to quash the final report in S.T.C. No.1549 of 2022 pending on the file of the Judicial Magistrate Court No.II, Srivilliputtur, in so far as the petitioners are concerned.

2.The case of the prosecution is that there is a pathway dispute between one Sekar and the second respondent, Sekar along with petitioners and others said to have trespassed into the second respondent's land and caused damage to the property to the tune of Rs.25,000/-. Thereafter, in the Athikulam Bus stop, when the second respondent questioned the illegal act of the petitioners and others, they threatened him. Hence, the second respondent filed a complaint in Crl.M.P.No. 5630 of 2015 to register the FIR under Section 156(3) Cr.P.C. As per the direction of the learned Judicial Magistrate, a case in Crime No.629 of 2015 was registered on 22.09.2015 by the first respondent police against the petitioners and 2/5

other accused persons for the offences under Sections 441, 447 and 427 of IPC. Thereafter, the first respondent filed a final report and the same was taken on file in S.T.C.No.1549 of 2022.

3.The learned counsel appearing for the petitioners would submit that the matter entered into compromise between the parties and a joint compromise memo has also been filed in W.P.(MD).No.11424 of 2015. 4.The learned counsel appearing for the second respondent/defacto complainant is present before this Court stating that the matter has amicably settled between the parties. He would further submit that in respect of the first accused in Crl.O.P.(MD).No.4027 of 2023, he is also ready to dispose the above said matter in terms of the above said compromise. 5.In view of the said amicable settlement out of the Court, this Criminal Original Petition is allowed and the proceedings in S.T.C.No.1549 of 2022 on the file of the Judicial Magistrate Court No.II, Srivilliputtur, is quashed and the joint compromise memo in W.P.(MD).No.11424 of 2015 is also recorded and the same 3/5

shall form part and parcel of this order. Consequently, connected criminal miscellaneous petitions are closed.

Speaking : Yes / No 31.10.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No VSG To 1.The Inspector of Police, Srivilliputhur Town Police Station, Srivilliputhur Town, Virudhunagar District.

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

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G.ILANGOVAN. J.

VSG Crl.O.P.(MD)No.1159 of 2023 31.10.2023 5/5