Madras High CourtCRL OP(MD)/11076/2016allowed

Mariselvam v. The Inspector Of Police

2016-11-28Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD).No. 11076 of 2016

1. Mariselvam

2. Sakthiman

3. Rajaguru

4. Mareeswaran

5. Nirosha

6. Senthilkumar

7. Devika

8. Raviprasath

9. Manickaraj 10.Pandeeswaran 11.Pon Erulappasamy 12.Mukesh 13.Sivakarthick .. Petitioners/A1 to A14 Vs.

1. State rep. by, The Inspector of Police, Vachakarapatti Police Station, Virudhunagar District.

(Crime No. 273 of 2015 .. 1st Respondent/complainant

2. Arunpandi .. 2nd Respondent/defacto complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. Praying to call for the records relating to Crime No.273 of 2015, dated 15.7.2015 on the file of the Inspector of Police, Vachakarapatti police station, Virudhunagar district and quash the same.

For Petitioners : Mr.S.Prasanth For R1 : Mr.K.Anbarasan Government Advocate (Criminal side) For R2 : Mr.P.Kalaiyarasi Bharathi

ORDER

This petition has been filed to quash the FIR in Crime No.273 of 2015, dated 15.07.2015, on the file of the Inspector of Police, Vachakarapatti police station, Virudhunagar district. 2.Heard the learned Counsel for the petitioners, the learned Government Advocate (Crl.Side) appearing for the first respondent and the learned counsel appearing for the second respondent. https://hcservices.ecourts.gov.in/hcservices/ 3.Based on the complaint given by the second respondent/defacto complainant, a case has been registered against

the petitioners in Crime No.273 of 2016, for the offences under Sections 147, 148, 294(b), 323 and 506(ii) of IPC., on the file of the first respondent.

4. When the matter came up for hearing on 23.11.2016, both the petitioners as well as the second respondent are appeared in person and their identifications were also verified by this Court, in addition to the confirmation of the identity of the parties by the learned Government Advocate (Crl. Side) through the respondent police and they categorically made a statement that the dispute between them have been settled amicably. They also filed a joint memo of compromise dated 26.11.2016 duly signed by both parties and counter signed by their respective Counsel. They would also further submit that they are willing to donate Rs.15,000/- to the Government Higher Secondary School, Alathur.

5. In view of the above, this Court permitted the petitioners to pay Rs.15,000/-(Rupees fifteen thousand only) to the Headmaster, Government Higher Secondary School, Alathur, A/c.No.229601000004976, and dispensed with the appearance of the parties.

6. When the matter is taken up for hearing today, the cost memo has been produced by the learned counsel for the petitioners. In view of the statements made by the parties and the compromise memo filed by them, no fruitful purpose will be achieved to proceed further in this matter.

7. In view of the above, the Criminal Original Petition is allowed and the entire proceedings in Crime No.273 of 2016 for the offences under Sections 147, 148, 294(b), 323 and 506(ii) of IPC. , on the file of the first respondent, is hereby quashed. Sd/- Assistant Registrar(writs) /True Copy/ Sub Assistant Registrar To

1. The Inspector of Police, Vachakarapatti Police Station, Virudhunagar District.

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

Crl.O.P.(MD).No. 11076 of 2016 28.11.2016 pjl rum/sks-rr/05.01.2017/2p/3c https://hcservices.ecourts.gov.in/hcservices/