Madras High CourtCRL OP(MD)/5265/2015allowed

Kumar @ Udhaya Kumar v. The Inspector Of Police

2015-03-25Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.03.2015

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.O.P.(MD)No.5265 of 2015 1.Kumar @ Udhayakumar, 2.Ramprabu 3.Sathishkumar 4.Baskar 5.Packiaraj 6.Pushparaj 7.Vinoth 8.Sivaraj 9.Gurusamy ... Petitioner /Accused Nos. 1 to 9 -Vs1.State rep. by The Inspector of Police, Manachanallur Police Station, Trichy District ... 1st Respondent / Complainant (CR.No. 48 of 2015) 2.Chandru ... 2nd Respondent / Defacto Complainant PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records and quash the entire proceedings in Crime No.48 of 2015 on the file of Inspector of Police, Manachanallur Police Station, Trichy District against the Petitioner's. For petitioner : Mr.T.Senthilkumar For Respondent-1 : Mr.K.Anbarasan Government Advocate (Crl. Side) For Respondent -2 : M.P.Rajkumar

O R D E R

This petition has been filed praying to quash the proceedings in Crime No.48 of 2015, pending investigation on the file of the respondent police.

2. On a complaint given by the 2nd respondent / defacto complainant, the 1st respondent has registered a case in Crime No.48 of 2015 against the petitioners for the offences under Sections 294147, 148, 341, 323, 324 and 307 IPC read with 3(1)(r)(s) & 3(2)(Va) POA Amendment Ordinance 2014 and 3 (2)(v) of SC& ST Act 1989.

https://hcservices.ecourts.gov.in/hcservices/

3. The 2nd respondent / defacto complainant as well as the petitioners/accused are present before this Court and they are identified by the respective learned counsels and both the parties have filed a compromise memo stating that the matter in issue between them has been amicably resolved and therefore, the 2nd respondent / defacto complainant is not willing to prosecute the case.

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

5. In the light of the said compromise memo, no purpose will be served by keeping the Criminal Original Petition pending.

6. In the result, the Criminal Original Petition is allowed and the proceedings in Crime No.48 of 2015, on the file of the The Inspector of Police, Manachanallur Police Station, Trichy District, is hereby quashed in respect of petitioners/Accused, since the defacto complainant is not willing prosecute the proceedings against the accused. The memo of compromise shall form part of the records.

Sd/ Assistant Registrar /True copy/ sub Assistant Registrar(c.s) To 1.The Inspector of Police, Manachanallur Police Station, Trichy District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to M/S.T.Senthil Kumar, Advocate in SR.No. 14660 TS/10.04.2015/2P-4C Crl.O.P.(MD)No.5265 of 2015 25.03.2015 https://hcservices.ecourts.gov.in/hcservices/