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Madras High CourtCRL OP(MD)/9907/2015allowed

Churchil v. The Inspector Of Police

2015-06-08Honourable Mr Justice M.M.Sundresh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.06.2015

CORAM:

THE HONOURABLE MR. JUSTICE M.M.SUNDRESH CRL.O.P.(MD)Nos.9907, 9912 and 9940 of 2015 Crl.O.P.(MD)No.9907 of 2015 1.Churchil 2.George 3.Edison 4.Rajesh Sathiya Jebaraj 5.Jaya Kumar 6.Santha Kumar 7.Devadoss ... Petitioners/Accused 1-7 vs.

1.The State of Tamil Nadu, represented by the Inspector of Police, Karungal Police Station, Kanyakumari District.

Crime NO.50 of 2008. ... 1st Respondent/Complainant

2. Radhamani ... 2nd Respondent/Defacto complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the case in C.C.No.135 of 2008, on the file of the Principal Munsif cum Judicial Magistrate, Eraniel and quash the same. Crl.O.P.(MD)No.9912 of 2015 Subin ... Petitioners/Accused vs.

1.The State of Tamil Nadu, represented by the Inspector of Police, Karungal Police Station, Kanyakumari District.

Crime NO.189 of 2009. ... 1st Respondent/Complainant

2. George ... 2nd Respondent/Defacto complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the case in C.C.No.234 of 2009 on the file of the Principal Munsif cum Judicial Magistrate, Eraniel and quash the same. Crl.O.P.(MD)No.9940 of 2015 Geroge ... Petitioners/Accused vs.

1.The State of Tamil Nadu, represented by the Inspector of Police, District Crime Branch, Nagercoil, Kanyakumari District.

Crime NO.5 of 2015. ... 1st Respondent/Complainant

2. Subin ... 2nd Respondent/Defacto complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the F.I.R. In Crime NO.5 of 2015, on the file of the first respondent and quash the same.

For Petitioners in all petitions : Mr.C.K.M.Appaji For Respondents in all petitions : Mr.S.Prabha Government Advocate(Crl.Side) for R.1 COMMON ORDER These matter have listed today under the caption "for being spoken to" at the instance of the learned Counsel for the petitioners.

2. Heard the learned Counsel for the petitioners, the learned Government Advocate(Crl.Side) appearing for the respondents State and the defacto complainants who appeared in person.

3.In all these petitions, a compromise memo has been filed duly signed by both parties including the defacto complainants. The parties are also present.

This Court asked the defacto complainant in all these petitions, as to whether they are willing for quashment of all the pending proceedings. They stated in the affirmative.

4. This Court also perused the records.

5. Considering the facts and the nature of allegations, this Court is of the view that in the interest of justice, it will be appropriate to quash all the pending proceedings against the petitioners, particularly in the light of the compromise memo filed in all the petitions.

6. Accordingly, all the Criminal Original Petitions are allowed and and the proceedings in C.C.No.135 of 2008 and C.C.No.234 of 2009, on the file of the Principal Munsif cum Judicial Magistrate, Eraniel and in Cr.No.5 of 2015, on the file of the respondent police concerned are quashed.

Sd/- The Assistant Registrar(writs) /True copy/ Sub-Assistant Registrar

To

1. The Principal Munsif cum Judicial Magistrate, Eraniel.

2. The Inspector of Police, Karungal Police Station, Kanyakumari District.

3.The Inspector of Police, District Crime Branch, Nagercoil, Kanyakumari District.

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

+3cc to Mr.C.K.M.Appaji, Advocate in Sr.No.32708/15, 32709/15, 32710/15 ssl sm:15.07.2015:3P/7C CRL.O.P.(MD).Nos.9907, 9912 and 22.06.2015