Ranjith v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2017
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) Nos.2610 and 2632 of 2017 Crl.O.P.(MD) No.2610 of 2017:
1.Ranjith 2.Perumal 3.Moorthy @ Mandhiramoorthy 4.Ilayaraja 5.Suresh : Petitioners/A1 to A5 -vs1.The Inspector of Police, Puliyampatti Police Station, Thirunelveli District.
: 1st Respondent/Complainant (Ref. Crime No.54 of 2016) 2.Chelladurai : 2nd Respondent/Defacto Complainant Prayer: Petition is filed under Section 482 of Code of Criminal Procedure, praying to call for the records relating to the case in Crime No.54 of 2016 pending on the file of the first respondent and quash the same.
For Petitioner : Mr.R.Nireshkumar For 1st Respondent : Mr.A.P.Balasubramani, Government Advocate (Crl.side) For 2nd Respondent : Mr.P.Samuel Gunasingh Crl.O.P.(MD) No.2632 of 2017:
1.Velu 2.Chelladurai : Petitioners/A1 and A2 -vs1.The Inspector of Police, Puliyampatti Police Station, Thirunelveli District.
: 1st Respondent/Complainant (Ref. Crime No.53 of 2016) 2.Ranjith : 2nd Respondent/Defacto Complainant
Prayer: Petition is filed under Section 482 of Code of Criminal Procedure, praying to call for the records relating to the case in Crime No.53 of 2016 pending on the file of the first respondent and quash the same.
For Petitioner : Mr.P.Samuel Gunasingh For 1st Respondent : Mr.A.P.Balasubramani, Government Advocate (Crl.side) For 2nd Respondent : Mr.R.Nireshkumar
O R D E R
On the complaint lodged by Ranjith, the first respondent registered a case in Crime No.53 of 2016 on 30.09.2016 under Sections 294(b), 323, 324 and 506(ii) of the Indian Penal Code against Velu and Chelladuri. On the complaint of Chelladurai a counter case was registered in Crime No.54 of 2016 on 01.10.2016 under Sections 147, 294(b), 323, 324 and 506(i) I.P.C. and Section 4 of TN Prohibition of Harassment of Women Act, 2002. Now, both the parties are present before this Court on the ground that they have arrived at the compromise.
2.Today, when the matter was taken up for hearing, Mr.P.George, Special Sub-Inspector of Police, Pulliampatti Police Station, Thirunelveli District, is present. Both parties are also present before this Court and their identifications were verified by this Court, in addition to the confirmation of the identity of the parties by the learned Government Advocate (Criminal side) through Mr.P.George, Special Sub-Inspector of Police, Pulliampatti Police Station, Thirunelvelii District.
3. The petitioners and the second respondent in both the petitions have filed joint compromise memos dated 10.03.2017, wherein, they have stated as follows:
"2.The petitioners and the second respondent further submit that during the pendency of the proceedings, at the intervention of the elders, both the parties have sat together, in which an amicable conclusion has been arrived at and as one part of a conclusion, the second respondent has agreed to say no objection for the purpose of quashing the present criminal proceedings.
3.The petitioners as well as the second respondent jointly submit that such compromise has been taken place purely with an intention to settle pease among them and it is purely voluntary by the parties concerned. Hence, in order to avoid further ordeal of further proceedings, they are prepared to be present before this Hon'ble Court whenever it is required. This Hon'ble Court by taking into consideration of the said aspect with regard
to the compromise and in the interest of the parties, can leniently look into the present issue, as such the prayer sought for by the petitioners can be allowed. This Hon'ble Court and the Hon'ble Apex Court has repeatedly held that no useful purpose will be served in further proceeding with the case when the case has been settled between the parties. "
4.In view of the joint memos of compromise dated 10.03.2017, this Court is of the opinion that no useful purpose would be served in keeping the matter pending.
5.Accordingly, these Criminal Original Petitions are allowed on the basis of the compromise entered into between the parties and the entire proceedings in Crime Nos.53 and 54 of 2016 on the file of the first respondent are hereby quashed on condition that the petitioners in both petitions shall pay a sum of Rs.1,000/- (Rupees One Thousand only) each (Totally 7 x Rs.1,000/- = Rs.7,000/- (Rupees Seven Thousand only) as cost to Mahatma Gandhi Museum, Madurai, within a period of one week from the date of receipt of a copy of this order and file memos in the Registry. The joint compromise memos dated 10.03.2017 shall form part of this order. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar Encl.: Xerox copy of Compromise Memo To:
1.The Inspector of Police, Puliyampatti Police Station, Thirunelveli District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
3.The Mahatma Gandhi Museum, Madurai.
+ 1 CC TO Mr.R.NIRESHKUMAR, ADVOCATE IN SR No. 13894 + 1 CC TO Mr.P.SAMUEL GUNASINGH, ADVOCATE IN SR No. 13893 SJ TE/SV-MMS/SAR-IV : 05/04/2017 : 3P/6C Order made in Crl.O.P.(MD) Nos.2610 and 2632 of 2017 10.03.2017