Vetrirajan, (M/55) (A2) v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.03.2015
CORAM
THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.O.P.(MD)No.5915 of 2015 1.Vetrirajan 2.Prabhakaran 3.Saravanan 4.Gandhi 5.Jeyakumar 6.Lingesh 7.Vijay 8.Raguvaran 9.Suyambulingam 10.Subash Chandra Bose 11.Ponnuchamy 12.Kannan 13.Rajendran 14.Vaigundaraja 15.Nagarajan 16.Chinnathambi 17.Selvakumar 18.Rajan 19.Anandh 20.Lingaraja 21.Mariyadoss 22.Manikandan 23.Babu 24.Alagesan 25.Vengateshwaran 26.Senthilkumar 27.Murugan 28.Rajesh 29.Suthan 30.Ravi 31.Raji 32.Ayyasamy 33.Varadhan 34.Jebin 35.Ragu 36.Balakrishnan,S/o.Thanganadar 37.Ramesh S/o.Duraisamy Nadar 38.Murugan 39.Ramesh S/oKrishnan 40.Raja 41.Chandran 42.Ramesh S/o.Sundar 43.Saraanan 44.Suresh 45.Vallivel
46.Mathu 47.Selvam 48.Iyyappan 49.Balakrishnan,S/o.Pon Ananthaperumal 50.Kumar 51.Srikandan 52.Vino 53.Subith KUmar 54.Gnanasebam 55.Sundarjith Kumar 56.Arul 57.Suresh Kumar 58.Ramkumar 59.Dhanasekar 60.Somasundaram 61.Thangamurugan 62.Raviupaldu prakash 63.Anbu Krishnan ..Petitioners/Accused Vs.
1 STATE THROUGH THE INSPECTOR OF POLICE RAJACKAMANGALAM POLICE STATION KANYAKUMARAI DISTRICT.
2 THANGATHURAI
...Respondents/Respondents
PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure To call for records relating to the impugned proceedings pending on the file of the Learned Judicial Magistrate No.1 Nagercoil in C.C.NO.232 OF 2008 and quash the same and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case.
For Petitioners : Mr.N.Dilipkumar For R1 : Mr.K.Anbarasan Govt. Advocate (Crl.side) For R2 : Mr.V.Sukumar
O R D E R
The case in Crime No. 248 of 2006 on the file of the first respondent has been registered for the offences under Sections 147, 148, 341, 427, 379 and 506(ii) IPC. After completion of investigation a final report has been filed in C.C.No.232 of 2008 on the file of the Judicial Magistrate NO.I, Nagercoil for the offences under Sections 147, 148, 341, 342, 448, 427, 379 and 506(ii) IPC. 2.Learned counsel for the petitioners submits that owing to dispute between the members of the Society, the case came to be registered and record of proceeding in civil proceedings would inform the case to be false. Be that as it may. Presently the defacto complaint
the then Principal of NMS Kamaraj College and the petitioners who are the accused in the above said case have entered into a compromise pursuant to settlement of the entire dispute between the members of the society. Informing so, a joint compromise memo has been filed. The same is singed by the various petitioners as also by the defacto complainant the present Correspondent.
3. The learned counsel further submits that the present Correspondent of the said College is before this Court and that he has signed in the memo of compromise.
4. Under such circumstances, taking into consideration the nature of offences alleged, this Court accept the compromise. The proceedings in C.C.No.232 of 2008 on the file of the Judicial Magistrate NO.I, Nagercoil, shall stand quashed. The compromise memo shall form part of record.
5. Accordingly, the Criminal Original Petition is ordered. Sd/- Assistant Registrar(AS) /TRUE COPY/ Sub Assistant Registrar To:
1.The Judicial Magistrate No.I, Nagercoil.
2 The Inspector of Police Rajackamangalam Police Station Kanyakumarai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai.
+1cc to Mr.N.Dilip Kumar, Advocate, SR.No.15773 CRL.O.P(MD).No.5915 of 2015 30.03.2015 ses PA/15.04.2015/3P/5C Encl: Copy to Joint Compromise Memo