Madras High CourtCRL OP(MD)/10687/2017allowed

Vinish Jeron @ Vinish v. The Sub Inspector Of Police

2017-08-16Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:16.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD)Nos.10687 and 10691 of 2017 CRL.O.P.(MD)No.10687 of 2017 1.Vinish Jeron @ Vinish 2.Anish 3.Chelladurai 4.Vibin ... Petitioners/Accused Nos.1 to 4 -Vs1.The Sub Inspector of Police, Keeripparai Police Station, Keeripparai.

Kanyakumari District.

(in Crime No.23 of 2017) ... 1st Respondent/Complainant 2.Jeyan, ... 2nd Respondent/De-facto complainant PRAYER: Criminal Original petition filed under Section 482 of Criminal Procedure Code, to call for the records in FIR in Crime No.23 of 2017 on the file of the 1st respondent and quash the same. For Petitioners : Mr.S.Karthick Subramanian For R1 : Mr.C.Mayil Vahana Rajendran Assistant Public Prosecutor For R2 : Mr.M.Silambarasan CRL.O.P.(MD)No.10691 of 2017 1.Nishan 2.Jeyan 3.Rajesh 4.Vijin @ Shajin 5.Minishan @ Benishan 6.Rabinson 7.Anish ... Petitioners/Accused Nos.1 to 7 -Vs1.The Sub Inspector of Police, Keeripparai Police Station, Keeripparai.

Kanyakumari District.

(in Crime No.24 of 2017) ... 1st Respondent/ Complainant

2.Vinish Jeron @ Vinish, ... 2nd Respondent/ De-facto complainant PRAYER: Criminal Original petition filed under Section 482 of Criminal Procedure Code, to call for the records in FIR in Crime No.24 of 2017 on the file of the 1st respondent and quash the same. For Petitioners : Mr.M.Silambarasan For R1 : Mr.C.Mayil Vahana Rajendran Assistant Public Prosecutor For R2 : Mr.S.Karthick Subramanian COMMON ORDER This Criminal Original Petition in Crl.O.P(MD)No.10687 of 2017 has been filed to quash the First Information Report in F.I.R.No.23 of 2017 dated 06.08.2017 filed under Sections 294(b), 323, 324 and 506(i) IPC and Section 3(1) of TNPPDL Act on the file of the Keeripparai Police Station, Kanyakumari District. 2.This Criminal Original Petition in Crl.O.P(MD)No.10691 of 2017 has been filed to quash the First Information Report in F.I.R.No.24 of 2017 dated 06.08.2017 filed under Sections 147, 148, 294(b), 323, 324, 506(i) and 379 IPC, on the file of the Keeripparai Police Station, Kanyakumari District.

3.Both the cases are case in counter. The second respondent in Crl.O.P(MD)No.10687 of 2017 is the de-facto complainant in Crime No.23 of 2017 and the second respondent in Crl.O.P(MD)No.10691 of 2017 is the de-facto complainant in Crime No.24 of 2017. When the matters are called today, both the petitioners and the de-facto complainants were present before this Court and they also filed a compromise memo stating that they have settled the dispute between themselves peacefully and they are now living in harmony and do not want to proceed with the criminal case. When this Court enquired the de-facto complainants in both the cases, they have stated that the dispute has been settled between themselves, they are not willing to proceed with the complaint.

Even though some of the offences are non-compoundable, since the petitioners belong to same village and they are neighbours, they have settled their dispute between themselves and now they are living in harmony. 4.In the above said circumstances, in the interest of justice, both the criminal original petitions are allowed and both the FIR in Crime Nos.23 and 24, on the file of Keeriparai Police Station, Kanyakumari District are quashed.

Sd/- Assistant Registrar(CRL.SIDE) /True Copy/ Sub Assistant Registrar

To 1.The Sub Inspector of Police, Keeripparai Police Station, Keeripparai.

Kanyakumari District.

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

+1cc to Mr.M.SILAMBARASAN Advocate in SR. No.72508 +1cc to Mr.S.KARTHICKSUBRAMANIAN Advocate in SR. No. 72507 SKN JS/JC/SAR.2/19.09.2017/ 3P-5C CRL.O.P.(MD)Nos.10687 and 10691 of 2017 16.08.2017