Sudharsan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.01.2015

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.O.P.(MD)No.20137 of 2014 and M.P(MD)Nos.1 & 2 of 2014 1.Sudharsan Raja 2,Gopi 3.Prathip 4.Anand 5.Sownthar 6.Rajan 7.Nagalingam 8,Gopal ... Petitioners/Accused 1 to 8 -Vs1.State rep. by The Inspector of Police, Rajakkamangalam Police Station, Kanyakumari District.

(Crime No.246 of 2012) .. 1st respondent/Complainant 2.Vijayaragavan .. 2nd respondent/de-facto complainant PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the proceedings in S.C.No.103 of 2014 pending on the file of the learned I Assistant Sessions Judge(I Additional Sub-Court), Nagercoil and quash the same.

For petitioner : Mr.K.Vamanan For R-1 : Mr.P.Kandasamy Government Advocate (Crl. Side) For R-2 : Mr.D.Srinivasa Ragavan

ORDER

This petition has been filed praying to quash the proceedings in S.C.No.103 of 2014 on the file of the learned I Assistant Sessions Judge(I Additional Sub-Court), Nagercoil and quash the same.

2. On a complaint given by the 2nd respondent/defacto complainant, the 1st respondent, has filed charge sheet offences under Sections 148, 294(b), 506(ii), 352 r/w 149 I.P.C and Section 3(i) of Tamil Nadu Public Property(Prevention of Damages and Loss) Act, 1992. Such case is now pending in S.C.No.103 of 2014 on the https://hcservices.ecourts.gov.in/hcservices/

file of the learned I Assistant Sessions Judge(I Additional SubCourt), Nagercoil.

3. The parties are present before this Court and they are identified by the respective learned counsels and both the parties have filed a joint compromise memo stating that the matter in issue between them has been amicably resolved and therefore, the defacto complainant is not willing to prosecute the case.

4. The Court has also heard the learned counsel appearing on either side and perused the materials available on record.

5. Given the nature of offences, this Court accepts the compromise.

6. In the result, the Criminal Original Petition is allowed the proceedings in S.C.No.103 of 2014 on the file of the learned I Assistant Sessions Judge(I Additional Sub-Court), Nagercoil. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To 1.The Inspector of Police, Rajakkamangalam Police Station, Kanyakumari District.

2.he I Assistant Sessions Judge (I Additional Sub-Court), Nagercoil.

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

+1cc to Mr.K.Vamanan, Advocate Sr.No. 4397 +1cc to Mr. D.Srinmivasaragavan, Advocate Sr.No. 4398 pm AA/12.02.2015/2p- 6c/ Crl.O.P.(MD)No. 20137 of 2015 29.01.2015 https://hcservices.ecourts.gov.in/hcservices/