N.A.Nelson v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2015

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN Crl.O.P.(MD) No.20745 of 2015 1.N.A.Nelson 2.N.A.Thiyagarajan 3.N.A.Selvarajan 4.N.Anandarajan @ Ananda Kumar 5.Dinakaran 6.Arunachalam 7.Poojaimani ... Petitioners/A2 to 8 Vs.

1.State of Tamil Nadu, Represented by its Inspector of Police, District Crime Branch, Tuticorin.

... 1st Respondent / Complainant 2.Thiruvalluvar ... 2nd Respondent / Defacto complainant Prayer: Petition filed under Section 482 of Code of Criminal Procedure praying to call for the records pertaining to the C.C.No.127 of 2013 by the Judicial Magistrate No.I, at Tuticorin and to quash the same, in so far as it relates to the petitioners. For Petitioners : Mr.S.Subbiah For R1 : Mrs.S.Prabha Govt. Advocate (Crl.Side) For R2 :

Mr.S.R.Sathan Boopathy

ORDER

This petition has been filed seeking to quash the proceedings in C.C.No.127 of 2013 by the Judicial Magistrate No.I, at Tuticorin and to quash the same, in so far as it relates to the petitioners.

2. It is seen that the case in Crime No.49 of 2007 has been registered for the alleged offences under Sections 468, 471, 406 and 420 of IPC., r/w Section 34 of IPC., against the petitioners 1 to 7 / Accused Nos.2 to 8.

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3. When the matter is taken up for hearing, the petitioners/Accused Nos.2 to 8 and the second respondent/defacto complainant, have appeared in persons and their identifications were also verified by this Court, in addition to the confirmation of the parties by the Government Advocate (Crl.Side) through the respondent Police.

4. The counsel appearing on either side would submit that a Compromise Memo has been filed stating that, since the parties have arrived at an amicable settlement by way of compromise among themselves, the second respondent has agreed to withdraw the above proceedings in C.C.No.127 of 2013 by the Judicial Magistrate No.I, at Tuticorin.

5. Considering the nature of allegations and also considering the Compromise Memo, this Court is of the opinion that no useful purpose would be served in keeping these matters pending. Therefore, the entire proceedings in C.C.No.127 of 2013 by the Judicial Magistrate No.I, at Tuticorin, in so far as the petitioners/A2 to A8, are concerned, is hereby quashed.

6. Accordingly, these Criminal Original Petition is allowed on the basis of the compromise entered into between the parties. The compromise memo shall form part of this order. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate No.I, Tuticorin.

2. The Inspector of Police, District Crime Branch, Tuticorin.

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

+ 1 CC TO MR.S.SUBBIAH, ADVOCATE IN SR NO. 67921 MPK TE/SKS-RR/ 09/12/2015 : 2P/5C Encl: Xerox Copy of Joint Compromise Memo.

Crl.O.P.(MD) No.20745 of 2015 25.11.2015 https://hcservices.ecourts.gov.in/hcservices/