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Madras High CourtCRL OP(MD)/13065/2016allowed

Chinnaiah Ganesan v. The Inspector Of Police

2016-11-09Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD)No.13065 of 2016 1.Chinnaiah Ganesan 2.Virumandi .. Petitioners/Accused No.1 and 2 Vs 1.The State represented by The Inspector of Police, All Women Police Station, Usilampatti, Madurai District.

.. Respondent/Complainant 2.Ishwarya .. Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the records pertaining to the First Information Report in Crime No.21 of 2016 dated 08.06.2016 on the file of the first respondent police for the alleged offences under Sections 294(b), 406, 420, 495, 506(i) of IPC., and quash the same as illegal.

For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.P.Kannithevan Government Advocate (Crl.Side) for R1

O R D E R

This petition has been filed to call for the records First Information Report in Crime No.21 of 2016 dated 08.06.2016 on the file of the first respondent police, for the alleged offences under Sections 294(b), 406, 420, 495 and 506(i) of IPC., and quash the same as illegal.

2. Heard the learned Counsel for the petitioners, the learned Government Advocate (Crl.Side) appearing for the first respondent.

3. Based on the complaint given by the second respondent/defacto complainant, a case has been registered against the petitioners in Crime No.21 of 2016, for the offences under Sections 294(b), 406, 420, 495 and 506(i) of IPC., on the file of https://hcservices.ecourts.gov.in/hcservices/

the first respondent.

4. When the matter came up for hearing on 28.09.2016, 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 memo of compromise dated 27.09.2016 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 Harijan Sevak Sangh.

5. In view of the above, this Court permitted the petitioners to pay Rs.15,000/-(Rupees fifteen thousand only) to Tamil Nadu Harijan Sevak Sangh, N.M.R.Subbaraman Memoral Residential Primary School Campus, 12, Dr.Thangaraj Road, Vinayaga Nagar, Opposite to Madurai Law College, Madurai-20, and dispensed with the appearance of the parties.

6. When the matter is taken up for hearing today, the Donation receipt in D.D.No.500226(ICICI Bank) for Rs.15,000/- dated 29.09.2016 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.21 of 2016 for the offences under Sections 294(b), 406, 420, 495 and 506(i) of IPC., on the file of the first respondent, is hereby quashed. Sd/- Assistant Registrar(CSII) /True Copy/ Sub Assistant Registrar PJL To 1.The Inspector of Police, All Women Police Station, Usilampatti, Madurai District. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.T.Lajapathi Roy Advocate Sr.No. 67827 Crl.O.P.(MD) No.13065 of 2016 09.11.2016 JAM/21.11.16/CK/2p-5c https://hcservices.ecourts.gov.in/hcservices/