Bava Pakrudeen @ Pakruden Ali v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2016
CORAM
THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD)No.22166 of 2015 and M.P.(MD).No.1 of 2015 1.Bava Pakrudeen @ Pakrudeen Ali Ahamed 2.Kalifullah .. Petitioners/Accused No.1 & 2 Vs 1.The State represented by The Sub Inspector of Police, Natham Police Station, Dindigul District.
(Crime No.409 of 2014) ... Respondent/Complainant 2.P.M.P.Jamal Mohammed ... Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to quash all further proceedings in C.C.No.48 of 2015 pending on the file of the learned Judicial Magistrate, Natham.
For Petitioner : Mr.T.K.Gopalan For Respondents : Mr.K.Anbarasan Government Advocate (Crl.Side) for R1
O R D E R
This petition has been filed to quash the proceedings in C.C.No.48 of 2015 on the file of the learned Judicial Magistrate, Natham.
2. Heard the learned Counsel for the petitioner, the learned Government Advocate (Crl.Side) appearing for the first respondent.
3. Based on the complaint given by the second respondent/defacto complainant, a case has been registered against the petitioner in Crime No.409 of 2014 for the offences under Sections 294(b) and 506(ii) IPC., on the file of the first
respondent and the same was taken on file as C.C.No.48 of 2015 on the file of the learned Judicial Magistrate, Natham.
4. When the matter was called on 03.10.2016, both the petitioner as well as the second respondent are appeared in person and their identifications were also verified by this Court, in addition to the confirmation of the identity of the parties by the learned Government Advocate (Crl. Side) through the respondent police and they categorically made a statement that the dispute between them have been settled amicably. They also filed a memo of compromise dated 30.09.2016 duly signed by both parties and counter signed by their respective Counsel. They would also further submit that they are willing to donate Rs.10,000/- to Harijan Sevak Sangh.
5. In view of the above, this Court permitted the petitioner to pay Rs.10,000/- to Tamil Nadu Harijan Sevak Sangh, N.M.R.Subbaraman Memoral Residential Primary School Campus, 12, Dr.Thangaraj Road, Vinayaga Nagar, Opposite to Madurai Law College, Madurai -20 and the appearance of the parties is dispensed with.
6. When the matter is taken up for hearing today, the cost memo has been filed by the learned counsel for the petitioner. In view of the statements made by the parties and the compromise memo filed by them, no fruitful purpose will be achieved to proceed further in this matter.
7. In view of the above, the Criminal Original Petition is allowed and the entire proceedings in Crime No.409 of 2014 for the offences under Sections 294(b) and 506(ii) IPC., on the file of the first respondent and the consequential proceedings in C.C.No.48 of 2015 on the file of the learned Judicial Magistrate, Natham, is quashed. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar PJL To 1.Judicial Magistrate,Natham.
2.The Sub Inspector of Police, Natham Police Station, Dindigul District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy To :
TAMIL NADU HARIJAN SEVAK SANGH, N.M.R.SUBBARAMAN MEMORAL RESIDENTIAL PRIMARY SCHOOL CAMPUS, 12, DR.THANGARAJ ROAD, VINAYAGA NAGAR, OPPOSITE TO MADURAI LAW COLLEGE, MADURAI -20 +1CC TO M/S.T.K.GOPALAN, ADVOCATE SR.No. 60973 GJM/CK/10.11.16-3p-6C Crl.O.P.(MD) No.22166 of 2015 and MP(MD)No.1 of 2015 17.10.2016