Madras High CourtCRL OP(MD)/23624/2014allowed

Selvakumar v. The Inspector Of Police

2015-01-06Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2015

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.O.P.(MD)No.23624 of 2014

1. Selvakumar

2. Dhanasekaran

3. Vairamuthu

4. Murugan

5. Thaliappan

6. Perumal

7. Palanichamy ... Petitioners/Accused 1 to 7 Vs.

1. State represented by the Inspector of Police, Eriyodu Police Station, Dindigul District.

(Crime No.67/2013)

2. P.Subramani ... Respondents/Defacto complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to call for the records pertaining to the F.I.R. in Crime No.67 of 2013 on the file of the first respondent police and quash the same as illegal.

For Petitioners : Mr.T.Lenin Kumar For R1 : Mr.K.Anbarasan Govt. Advocate (Crl.side) For R2 : Mr.D.Venkatesh

O R D E R

This Criminal Original Petition is filed to quash the F.I.R. in Crime No.67 of 2013 on the file of the first respondent police.

2. The case registered in Crime No.67 of 2013 for offences under Sections 147, 148, 448, 427 of I.P.C. and Section 3(1) of TNPPDL Act against the petitioners herein has been occasioned by the sons of the petitioners 4 and 5, having gone missing from the school wherein they were studying. The offences stand committed in agitated state of mind on 11.03.2013. The complainant is the correspondent of the school.

3. Presently, the petitioners as well as the defacto complainant have filed a Joint Memo of Compromise dated 15.12.2014 which informs intent to give the issue a quietus.

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4. The learned Government Advocate (Crl.side) would submit that pursuant to investigation, charge sheet stands filed informing commission of the said offences and the same is yet to be taken on file.

5. Considering the facts and circumstances of the case, this Court accepts the Joint Memo of Compromise and quashes all further proceedings including the charge sheet in case registered in Crime No.67 of 2013 on the file of the first respondent. Accordingly, this Criminal Original Petition is allowed.

6. Any amount deposited by the petitioners pursuant to the order of this Court in Crl.O.P.(MD).No.4483 of 2013 dated 15.03.2013 shall be refunded to the petitioners.

Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar akv To

1. The Inspector of Police, Eriyodu Police Station, Dindigul District.

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

+1cc to MR. T.Lenin Kumar, Advocate Sr NO.384 Crl.O.P.(MD)No.23624 of 2014 06.01.2015 rg.27/01/2015 2p/4c.

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