Ramukutti v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P(MD)Nos.4872 & 4873 of 2021 Crl.O.P(MD)No.4872 of 2021:

1.Ramukutti 2.Balamurugan 3.Sankara Narayanan ... Petitioners/Accused No.1 to 3 Vs 1.State Represented by The Inspector of Police, Puliangudi Police Station, Tenkasi District.

Crime No.12/2020 ... 1st Respondent/Complainant 2.Subramaniyan ... Respondent No.2/Defacto Complainant Crl.O.P(MD)No.4873 of 2021:

1.Subramaniyan 2.Janaki ... Petitioners/Accused Nos.1 & 2 Vs 1.The State represented by The Inspector of Police, Puliangudi Police Station, Tenkasi District.

(Crime No.13 of 2020) ... Respondent No.1/Complainant 2.Ramukutti ... Respondent No.2/Defacto Complainant PRAYER in Crl.O.P(MD)No.4872 of 2021:

Petition filed under Section 482 of Code of Criminal Procedure, to call for records relating to Crime No.12 of 2020, on the file of the Inspector of Police, Puliangudi Police Station, Tenkasi District and quash the same on the ground of compromise. PRAYER in Crl.O.P(MD)No.4873 of 2021:

Petition filed under Section 482 of Code of Criminal Procedure, to call for records relating to Crime No.13 of 2020, on the file of the Inspector of Police, Puliangudi Police Station, Tenkasi District and quash the same.

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For Petitioners : Mr.S.Senthil Sankaranatha Kumar For R2 : M/s.K.Prabhu (in Crl.O.P(MD)No.4872 of 2021) For Petitioners : Mr.K.Prabhu For R2 : Mr.S.Senthil Sankaranatha Kumar (in Crl.O.P(MD)No.4873 of 2021) For R1 : Mr.K.Sanjai Gandhi Government Advocate (Crl.side) (in both Crl.O.Ps) C O M M O N O R D E R Heard both sides.

2.These Criminal Original Petitions have been filed to quash the First Information Report in Crime Nos. 12 & 13 of 2020, on the file of the respondent police, for the offences punishable under Sections 147, 341, 294(b), 379, 506 (i) IPC and Section 3 of Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 and Section 294(b), 355 and 506(i) IPC respectively.

3.The second respondent / defacto complainant as well as the petitioners/accused in both Criminal Original Petitions are present before this Court and they are identified by the respective learned counsel and both the parties have filed joint compromise memos stating that the matters in issue between them has been amicably resolved and the defacto complainant in Crl.O.P(MD)No.4872 of 2021, namely Subramanian would submit that he received the articles that had been taken away by the accused persons and therefore, the second respondent / defacto complainant is not willing to prosecute the case and therefore would pray for quashing the FIRs. 4.The compromise memos are filed before this Court and the parties are also present at the learned Additional Public Prosecutor office and their identity has also been verified through video conference. Since the matters in issue has been compromised between the parties and the victim has also suffered simple injury and no purpose will be served in keeping the First Information Report pending.

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5.In the result, by recording the compromise, these Criminal Original Petitions are allowed and the proceedings in Crime Nos. 12 & 13 of 2020, on the file of the respondent police are quashed. The joint compromise memos shall form part and parcel of this order.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn (*) Enclosed herewith The Joint Compromise Memos (Xerox) NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:- 1.The Inspector of Police, Puliangudi Police Station, Tenkasi District.

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

+2 CC to Mr.K.Prabhu, Advocate (SR-33462) Common order made in Crl.O.P(MD)Nos.4872 & 4873 of 2021 01.11.2021 VR(CO) RS/JGB (17.11.2021) 3P 5C 3/3