Madras High CourtCRL OP(MD)/15002/2015disposed of

Muniyasamy v. The Inspector Of Police

2015-07-31Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :31.07.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH CRL.OP.(MD)No.15002 of 2015 1.Muniysamy 2.S.Muniyasamy 3.Balu 4.Balamurugan 5.Palanisamy 6.Gnasekaran 7.Duraisamy ... Petitioners/Accused 1 to 7 Vs.

1. State rep. By Inspector of Police, Mandapam Police Station, Ramanathapuram District.

(Crime No.68 of 2015) ... 1st Respondent/Complainant 2.Mr.Jothipasu ... 2nd Respondent/Defacto-Complainant Prayer: Petition filed under Section 482 of Criminal Procedure Code praying to call for the records pertaining to the First Information Report in Crime No.158 of 2014 registered for the alleged offences under Sections 384, 420, 468, 471 of I.P.C, dated 27.11.2014 on the file of the first respondent and quash the same as illegal. For Petitioners ... Mr.S.Balamurugan For R-1 ... Mrs.S.Prabha Government Advocate(Crl. Side) For R2 ... Mr.D.Balamuruga Pandi

ORDER

This Criminal Original Petition has been filed to quash the F.I.R in Crime No.158 of 2014 pending on the file of the first respondent.

2. The petitioners have been arrayed as accused for the alleged offence under Sections 384, 420, 465, 468 and 471 of I.P.C in Crime No.158 of 2014 on the file of the first respondent. The allegation against the petitioners is that they have committed the offence of cheating by collecting excessive amount in the toll-gate.

3. When the matter is taken up for hearing, the parties namely, the petitioners and the defacto complainant are present before this Court. Both parties submitted that the matter has been settled. A joint compromise memo has been filed, which contains the signature of the petitioners and the second respondent. The same was attested by the learned counsel on both sides.

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4.Heard both sides and also perused the compromise memo. The appearance of the parties is recorded.

5.Considering the submissions made and after going through the relevant documents and after looking at the nature of offences alleged against the petitioners, this Court is inclined to quash the proceedings pending against the petitioners.

6.Accordingly, this Criminal Original Petition is allowed and the F.I.R in Crime No.158 of 2014 pending on the file of the first respondent, is quashed. The compromise memo shall form part of record. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Judicial Magistrate, Rameshwaram.

2. The Inspector of Police, Mandapam Police Station, Ramanathapuram District.

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

CRL.OP.(MD)No.15002 of 2015 31.07.2015 pm NS/18.08.2015 : 2p/4c https://hcservices.ecourts.gov.in/hcservices/