Shengai Maran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.03.2018

CORAM

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.(MD) No.2859 of 2018 1.Shengai Maran 2.Ravi, S/o.Ganesan 3.Muthuramalingam 4.Ramalingam 5.A.Kadambasamy 6.Karuppuchamy 7.Subramani 8.Jeyaraman @ Sekar 9.Ponraj 10.Kalimuthu 11.Nedumaran 12.Jinnah @ Mohamed Alijinnadurai 13.Kamal @ Kamalmaideen 14.Vellai @ Mari 15.Annamalai 16.Pari 17.Vairavan 18.Aruvukkarasu 19.Mari @ Anaimandai Mari, S/o.Raju (father's name of the 19th petitioner is amended as per order of this Court made in Crl.O.P.(MD).No.2859/18, dated 05.03.18) 20.Pandi 21.Pandian 22.Vanni 23.Velmurugan (Name of the 23rd petitioner is amended as per order of this Court made in Crl.O.P.(MD).No.2859/18, dated 05.03.18) 24.Manickam 25.Rajendran @ Alagu Chellachamy 26.Arumugam 27.J.K.Alagandran 28.Raja 29.Mangaleswaran 30.Ilangovan 31.Balakrishnan 32.Ravi, S/o.Gurunathan 33.Asai thambi 34.Marnadu, S/o.Ganapathi ... Petitioners/Accused Nos.1 to 10 12 to 17, 19 to 26 and 28 to 37 -Vs-

1. The State represented by its, The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District, (Crime No.343 of 2011) ...1st Respondent/Complainant 2.Manikam, S./o.Muniandi ... 2nd Respondent/De-facto Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records in respect of P.R.C.No.84 of 2014 on the file of the Judicial Magistrate, Manamadurai in Cr.No.343 of 2011 on the file of the 1st respondent police and quash the same.

For Petitioner : Mr.K.Vinayagan For R-1 : Mr.Prabhu Ramachandran Government Advocate (Crl.Side) For R-2 : Mr.P.Santhana Krishnan for R-2

ORDER

This Criminal Original petition has been filed to quash the proceedings in P.R.C.No.84 of 2014 on the file of the Judicial Magistrate, Manamadurai in Cr.No.343 of 2011 on the file of the 1st respondent police.

2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) appearing for the first respondent and the learned counsel appearing for the second respondent/defacto complainant.

3.The petitioners are accused Nos.1 to 10, 12 to 17, 19 to 26 and 28 to 37 in Crime No.343 of 2011 and the second respondent is the defacto complainant in the above said crime number.

4.The complaint in Crime No. 343 of 2011 was registered for the offences punishable under Sections 147, 148 of I.P.C and Section 3 of TNPPDL Act on the file of the first respondent police. The respondent police has investigated the matter and filed the final report before the learned Judicial Magistrate, Manamadurai in P.R.C.No.84 of 2014.

5.In the mean while, it appears that at the advise of the elders and friends, the petitioners and defacto complainant have agreed to compromise the matter, out of Court. A Joint Compromise Memo, dated 13, February 2018, is also filed to that effect. As per the Joint Compromise Memo, the de-facto complainant, has given his consent to quash the proceedings in P.R.C.No.84 of 2014 on the file of the Judicial Magistrate, Manamadurai.

6.The parties appeared before this Court and expressed in unequivocal terms that they have signed in the Joint Compromise Memo on their own will and volition. The identities of the parties are verified with reference to the authenticated documents produced by the parties before this Court. The identities of the parties are also confirmed by the learned Government Advocate (Crl.Side) through the respondent police.

8.Having regard to the agreement made between the parties, this Court is of the view that no useful purpose will be served by keeping these matters pending. As per the Compromise Memo signed by the parties, the de-facto complainant has agreed to quash the proceedings in P.R.C.No.84 of 2014 on the file of the Judicial Magistrate, Manamadurai. Accordingly, the entire proceedings in P.R.C.No.84 of 2014 on the file of the Judicial Magistrate, Manamadurai in respect of the petitioners are quashed and the Joint Compromise Memo signed by the parties shall form part of the order.

9. Accordingly, this Criminal Original petition is allowed.

Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar To (Encl. Xerox Copy of Joint Compromise memo)

1. The Judicial Magistrate, Manamadurai

2. The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District

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

+1. C.C. to M/S.VINAYAGAN, Advocate, SR.No.53157. Crl.O.P.(MD) No.2859 of 2018 05.03.2018 VS SDS/MM:PN/SAR.1/28.03.2018/3P/5C