Mukesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH CRL.O.P(MD)Nos.7828 & 7832 of 2015 1.Crl.O.P(MD)No.7828 of 2015:- 1.Mukesh 2.Subbaiah @ Suresh 3.Sappani 4.Narayanan ... Petitioners/Accused 1 to 4 Vs.

1.State rep. By The Inspector of Police, Nanguneri Police Station, Tirunelveli District.

(Crime No.55 of 2014) ... 1st Respondent/Complainant 2.Vetrivel Kumar ... 2nd Respondent/Defacto complainant Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, 1908 praying to call for records pertaining to the FIR in Crime No.55 of 2014 on the file of the first respondent police and quash the same as illegal and pass such further or other others.

For Petitioner : Mr.T.Lenin Kumar For R - 1 : Mr.K.Anbarasan Government Advocate (Crl. Side) For R - 2 : Mr.D.Venkatesh 2.Crl.O.P(MD)No.7832 of 2015:- 1.Sundarraj 2.Vetrivel 3.Vetrivel Kumar 4.Petchi @ Baskar ... Petitioners/Accused 1 to 4 Vs.

1.State rep. By The Inspector of Police, Nanguneri Police Station, Tirunelveli District.

... 1st Respondent/Complainant 2.Narayanan ... 2nd Respondent/Defacto complainant Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, 1908 praying to call for records pertaining to the FIR in Crime No.56 of 2014 on the file of the first respondent

police and quash the same as illegal and pass such further or other others.

For Petitioner : Mr.D.Venkatesh For R - 1 : Mr.K.Anbarasan Government Advocate (Crl. Side) For R - 2 : Mr.T.Lenin Kumar COMMON ORDER These Criminal Original Petitions have been filed to call for records pertaining to the FIR in Crime Nos.55 and 56 of 2014 on the file of the first respondent police and quash the same.

2. As both the cases are case and counter, they have taken up together and disposed of by a common order.

3. Heard the learned counsel appearing for the petitioners, the learned Government Advocate (Crl.Side) appearing for the first respondent and the learned counsel appearing for the second respondent in both the petitions.

4. The petitioners in Crl.O.P(MD)No.7828 of 2015 are arrayed as accused in Crime No.55 of 2015 for the alleged offences under Sections 294(b), 324 and 506(ii) of the Indian Penal Code and the petitioners in Crl.O.P(MD)No.7832 of 2015 are arrayed as accused in Crime No.56 of 2015 for the alleged offences under Sections 294(b), 323, 324, 379(NH) and 506(ii) of the Indian Penal Code and seeking to quash the said proceedings, the present petitions have been filed.

5. When the matters are taken up for hearing, a joint memo of compromise have been filed in both cases by both parties and it is also signed by both the parties and counsels, in which, it is stated that there is no necessary to proceed further in future and the respective parties are not pressing the complaint given by them against each other. The petitioners as well as the second respondent are also present before this Court. The said joint memo of compromise are taken on record.

6. In view of the said compromise memo, this Court is of the view that no useful purpose will be served by proceedings further in these matters.

7. Accordingly, these Criminal Original Petitions are allowed and the proceedings in Crime Nos.55 and 56 of 2015 on the file of the first respondent is quashed.

Sd/- Assistant Registrar(Writs) /TRUE COPY/ Sub Assistant Registrar

To 1.The Inspector of Police, Nanguneri Police Station, Tirunelveli District.

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

+2ccs to Mr.D.Venkatesh,Advocate, SR.Nos.23216 & 23217 CRL.O.P(MD)Nos.7828 & 7832 of 2015 28.04.2015 ps PA/11.05.2015/2P/5C