Madras High CourtCRL OP(MD)/6053/2015allowed

Sivabalan v. The Inspector Of Police

2015-03-31Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.03.2015

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.O.P.(MD)No.6053 of 2015 1.Sivabalan 2.Ayyadurai 3.Malaiyappan 4.Manthiravathi .. Petitioners/Accused Nos.1 to 4 vs.

1.The State rep. by The Inspector of Police, Munneerpallam Police Station, Tirunelveli District.

(Crime No.36 of 2012) 2.Karthick ..Respondents/Complainants PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in connection with C.C.No.37 of 2015 on the file of the Additional Mahila Court(Judicial Magistratial level), Tirunelveli and quash the same. For petitioners : Mr.S.Palanivelayutham For R-1 : Mr.K.Anbarasan Government Advocate (Crl. Side) For R-2 :Mr.J.Sankarapandian

ORDER

This Criminal Original Petition has been filed praying to call for the records in connection with C.C.No.37 of 2015 on the file of the Mahila Court(Judicial Magistratial level), Tirunelveli and quash the same.

2.On a complaint given by the 2nd respondent/defacto complainant, the 1st respondent has registered a case in Crime No.36 of 2012 against the petitioners/ Accused, for the offences under Sections 294(b), 336, 323, 324 and 506(ii) of I.P.C and Section 4 of TNPHW Act and after investigation, charge sheet stands filed and the same has been taken on file in C.C.No.37 of 2015 on the file of the Mahila Court(Judicial Magistratial Level), Tirunelveli.

3. The parties 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 defacto complainant is not willing to prosecute the case. https://hcservices.ecourts.gov.in/hcservices/

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

5. Given the nature of offences, this Court accepts the compromise.

6. In the result, the Criminal Original Petition is allowed the proceedings in C.C.No.37 of 2015 on the file of the Mahila Court(Judicial Magistratial Level), Tirunelveli, is hereby quashed. The memo of compromise shall form part of the records. Sd/- Assistant Registrar(AE) /True Copy/ Sub-Assistant Registrar (*)MEMO OF COMPROMISE MEMO XEROX COPIES ARE ENCLOSED HEREWITH To 1.The Additional Mahila Court(Judicial Magistratial Level), Tirunelveli.

2. The Inspector of Police, Munneerpallam Police Station, Tirunelveli District.

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

+One cc to Mr.S.Palanivelayutham, Advocate, SR.No.15953 pm RL/ 5c- 15/4/2015 Crl.O.P.(MD)No.6053 of 2015 31.03.2015 https://hcservices.ecourts.gov.in/hcservices/