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Madras High CourtCRL OP(MD)/985/2015ordered

M. Sundharesan v. The Inspector Of Oplice

2015-01-23Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2015

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.O.P.(MD)Nos.985 and 1007 of 2015 Crl.O.P.(MD)No.985 of 2015 1.M.Sundharesan 2.S.Muthukumar 3.S.Panneer 4.S.Vaidheeswaran 5.S.Parthibhan ... Petitioners /Accused 1-5 -Vs1.The Inspector of Police, Kulasekarapattinam Police Station, Thoothukudi. .. Respondent/Complainant 2.Kasthoori Bhai .. Respondent/defacto complainant PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records relating to the case in Crime No.9 of 2015 and quash the same pending investigation on the file of the respondent police.

For petitioners : Mr.N.Thamimul Ansari For R-1 : Mr.K.V.Rajarajan Government Advocate (Crl. Side) For R-2 :Mr.B.Selvendhran Crl.O.P.(MD)No.1007 of 2015 Kasthuribai .. Petitioner / Sole Accused vs.

1.The Inspector of Police, Kulasekarapattinam Police Station, Thoothukudi.

..Respondent/Complainant 2.Sundarasan ..Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records relating to the case in Crime No.10 of 2015 and quash the same pending investigation on the file of the respondent police.

For petitioner : Mr.B.Selvendhran For R-1 : Mr.K.V.Rajarajan Government Advocate (Crl. Side) For R-2 :Mr.N.Thamimul Ansari https://hcservices.ecourts.gov.in/hcservices/

COMMON ORDER These petitions have been filed praying to quash the proceedings in Crime Nos.9 and 10 of 2015, pending investigation on the file of the first respondent police.

2.This is a case of case and counter. For the occurrence took place on 09.01.2015, on a complaint given by the 2nd respondent/defacto complainant in Crl.O.P(MD)No.985 of 2015, the 1st respondent, after investigation, has registered a case in Crime No.9 of 2015 against the petitioners/ Accused, for the offences under Sections 147, 294(b), 323, 506(ii) of I.P.C and Section 4 of TNPWH Act and on the complaint given by the second respondent/defacto complainant in Crl.O.P(MD)No.1007 of 2015 the 1st respondent, after investigation, has registered a case in Crime No.10 of 2015 against the petitioner/ Accused, for the offences under Sections 294(b), 323, 506(ii) of I.P.C

3. The parties are present before this Court and they are identified by the respective learned counsels and both the parties have filed a compromise memo in Crl.O.P(MD)No.985 of 2015 stating that the matter in issue between them has been amicably resolved and therefore, the parties are not willing to prosecute the case.

4. The Court has also heard the learned counsel appearing on either side and perused the materials available on record.

5. Given the nature of offences, this Court accepts the compromise.

6. In the result, the Criminal Original Petitions are allowed the proceedings in Crime Nos.9 & 10 of 2015 on the file of the Inspector of Police,Kulasekarapattinam Police Station, Thoothukudi.

are hereby quashed. The memo of compromise shall form part of the records. Sd/- Assistant Registrar (T&P) /True Copy/ Sub - Assistant Registrar To 1.The Inspector of Police, Kulasekarapattinam Police Station,Thoothukudi. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. + 2 CCs to Mr.N.Thaimimul Ansari, Advocate in sr.No.3434 & 3435 Crl.O.P.(MD)Nos.985 & 1007 of 2015 23.01.2015 gdr 09.02.2015 2p/5C https://hcservices.ecourts.gov.in/hcservices/