Madras High CourtCRL OP(MD)/2887/2015disposed of

M.Balasubramanian v. The Sub Inspector Of Police

2015-03-03Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.03.2015

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.O.P.(MD)No.2887 of 2015 and M.P(MD)No.1 of 2015 1.M.Balasubramanian 2.S.Radhakrishnan 3.V.Marimuthu .. Petitioners/Accused 1 to A3 vs.

1.State rep. by The Sub Inspector of Police, Anti Land Grapping Special Cell, District Crime Branch, Tuticorin, Tuticorin District.

In Cr.No.52 of 2013.

...1st Respondent/Complainant 2.P.Pushbarathi 3.P.Parisutharaj ..2nd & 3rd Respondents/Defacto Complainants PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the impugned FIR in Cr.No.52 of 2013 on the file of the 1st Respondent and quash the same as illegal.

For petitioners : Mr.S.Muthalraj For R-1 : Mr.K.Anbarasan Government Advocate (Crl. Side) For R2 & R3 : Mr.B.N.Raja Mohamed

ORDER

This Criminal Original Petition has been filed praying to quash the First Information Report in Crime No.52 of 2013, dated 03.10.2010 on the file of the first respondent.

2.The case is in the nature of personal wrong. The affidavit of the second respondent informs that the petitioners/accused would consent to the decree in O.S.No.84 of 2014 on the file of Principal District Munsif, Tuticorin filed by the complainants seeking declaration and other reliefs. The affidavit of the second respondent also reveals an intent not to further prosecute the case. The memo of compromise has been filed dated 03.03.2015 is signed both by the petitioner, complainants as also the respective counsels.

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

4. Given the nature of offences, this Court accepts the compromise. https://hcservices.ecourts.gov.in/hcservices/

5. In the result, the Criminal Original Petition is allowed and the proceedings in Crime No.52 of 2013 on the file of the first respondent, is hereby quashed. The memo of compromise shall form part of the records. Consequently, connected M.P(MD)No.1 of 2015 is also closed. Sd/- Assistant Registrar (Crl.side) /True copy/ Sub Assistant Registrar To

1. The Sub Inspector of Police, Anti Land Grapping Special Cell, District Crime Branch, Tuticorin, Tuticorin District.

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

+1cc to MR.S.MUTHAL RAJ, ADVOCATE IN SR : 9889 Am SR : 16.03.2015 : 2p/4c Crl.O.P.(MD)No.2887 of 2015 03.03.2015 https://hcservices.ecourts.gov.in/hcservices/