Sami @ Periyasami v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD).No. 12915 of 2016 Sami @ Periyasami .. Petitioner Vs.

1. The State Rep. by The Inspector of Police, Thiruppachethi Police Station, Sivagangai District.

(Crime No. 152 of 2016)

2. Kannan ..Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. Praying to call for the records of the FIR in Crime No. 152 of 2016, dated 14.05.2016, on the file of the 1st respondent and quash the same as illegal and devoid of merits. For Petitioner : Mr.M.Karunanithi For R1 : Mr.P.Kannithevan Government Advocate (Criminal side) For R2 : Mr.M.Jegadeesh Pandian

ORDER

This petition has been filed to quash the FIR in Crime No. 152 of 2016, dated 14.05.2016, on the file of the 1st respondent and quash the same.

2.Heard the learned Counsel for the petitioner, the learned Government Advocate (Crl.Side) appearing for the first respondent and the learned counsel appearing for the second respondent. 3.Based on the complaint given by the second respondent/defacto complainant, a case has been registered against the petitioner in Crime No.152 of 2016, for the offences under Sections 294(b), 324 and 506(ii) of IPC., on the file of the first respondent.

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4. When the matter came up for hearing on 21.11.2016, both the petitioner 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 14.07.2016, duly signed by both parties and counter signed by their respective Counsel. The petitioner would further submit that he is willing to donate Rs.5,000/- to the Government School for the Blind, K.K.Nagar, Madurai.

5. In view of the above, this Court permitted the petitioner to pay Rs.5,000/-(Rupees five thousand only) to the Headmaster, Government School for Blind, K.K.Nagar, Madurai and dispensed with the appearance of the parties.

6. When the matter is taken up for hearing today, the learned counsel for the petitioner produced the acceptance letter given by the Headmaster for receiving the said donation. 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.152 of 2016 for the offences under Sections 294(b), 324 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, Thiruppachethi Police Station, Sivagangai District.

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

PJL MSK/10.01.2017/2P-3C Crl.O.P.(MD).No. 12915 of 2016 28.11.2016 https://hcservices.ecourts.gov.in/hcservices/