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Madras High CourtCRL OP(MD)/8111/2015allowed

Selvaraj v. The Sub Inspector Of Police

2015-04-28Honourable Mr Justice M.M.Sundresh3 pages

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.8111 & 8099 of 2015 1.Crl.O.P(MD)No.8111 of 2015:- 1.Selvaraj 2.Kannan @ Aathi Narayanan 3.Sundarrajan 4.Murugan 5.Velayutham ... Petitioners/Accused 1 to 5 Vs.

1.State rep. By The Sub-Inspector of Police, Pudukkottai Police Station, Tuticorin District.

(Crime No.357 of 2013) ... 1 st Respondent/Complainant 2.Lakshmanan ... 2 nd Respondent/Defacto complainant Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, 1908 praying to call for records in connection with C.C.No.242 of 2014 on the file of the Judicial Magistrate No.1, Tuticorin and quash the same and pass such further or other others. For Petitioner : Mr.S.R.Durairaj For R - 1 : Mr.K.Anbarasan Government Advocate (Crl. Side) For R - 2 : Mr.Chidambaram 2.Crl.O.P(MD)No.8099 of 2015:- 1.Lakshmanan 2.Valli Raja ... Petitioners/Accused 1 & 2 Vs.

1.State rep. By The Sub-Inspector of Police, Pudukkottai Police Station, Tuticorin District.

(Crime No.356 of 2013) ... 1 st Respondent/Complainant 2.Selvaraj ... 2 nd Respondent/Defacto complainant

Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, 1908 praying to call for records in connection with P.R.C.No.14 of 2014 on the file of the Judicial Magistrate No.1, Tuticorin and quash the same and pass such further or other others. For Petitioner : Mr.Chidambaram For R - 1 : Mr.K.Anbarasan Government Advocate (Crl. Side) For R - 2 : Mr.S.R.Durairaj COMMON ORDER These Criminal Original Petitions have been filed to call for records in connection with C.C.No.242 of 2014 and P.R.C.No.14 of 2014 respectively on the file of the Judicial Magistrate No.1, Tuticorin 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.8111 of 2015 are arrayed as accused in Crime No.357 of 2013 for the alleged offences under Sections 147, 294(b), 324 and 506(ii) of the Indian Penal Code and the petitioners in Crl.O.P(MD)No.8099 of 2015 are arrayed as accused in Crime No.356 of 2013 for the alleged offences under Sections 294(b), 324 and 506(ii) of the Indian Penal Code and also under Section 3(1)(x) of SC/ST, POA Act 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 C.C.No.242 of 2014 and P.R.C.No.14 of 2014 on the file of the Judicial Magistrate No.1, Tuticorin is quashed. Sd/- Assistant Registrar (Crl.Side) /True copy/ Sub Assistant Registrar(C.S)

To 1.The Judicial Magistrate No.1, Tuticorin.

2.The Sub-Inspector of Police, Pudukkottai Police Station, Tuticorin District.

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

+1cc to Mr.S.R.DURAIRAJ, Advocate, in SR. No. 23735 & 23736. TS/12.05.2015/3P-6C CRL.O.P(MD)Nos.8111 & 8099 of 2015 28.04.2015