Palanivel S/O Karuppaiah v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.12.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL OP(MD)Nos.16479 of 2016 and 5264 of 2017 and CRL MP(MD)Nos.8076 & 8077 of 2016 and 3724 & 3725 of 2017 In CRL OP(MD)No.16479 of 2016 1.Palanivel 2.Kathirvel 3.Manikandan 4.Balamalai 5.Amutha @ Pothumponnu : Petitioners/Accused No.1 to 5 Vs.

1.The State rep. by The Inspector of Police, Puthanatham Police Station, Trichy District, In Cr.No.302 of 2015.

: 1st Respondent/Complainant 2.Muthukaruppan : 2nd Respondent/Defacto complainant PRAYER in CRL OP(MD)No.16479 of 2016: Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, to call for the records pertaining to the charge sheet filed in C.C.No.92 of 2016 pending on the file of the learned Judicial Magistrate, Manapparai, Trichy District and quash the same. For Petitioners : Mr.A.Joel Paul Antony For 1st Respondent : Mr.K.S.Durai Pandian Additional Public Prosecutor For 2nd Respondent : Mr.G.Thiruvarutselvan In CRL OP(MD)No.5264 of 2017 1.L.Muthukaruppan 2.V.Ponnammal 3.V.Malairaj 4.V.Ilavarasan 5.V.Rajkumar : Petitioners/Accused Nos.1 to 5

Vs.

1.The State rep. by The Inspector of Police, Puthanatham Police Station, Trichy.

: Respondent/Complainant 2.K.Palanivel : Respondent/Defacto complainant PRAYER in CRL OP(MD)No.5264 of 2017: Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, to call for the records relating to C.C.No.7 of 2017 on the file of the learned Judicial Magistrate, Manapparai and quash the same. For Petitioners : Mr.G.Thiruvarutselvan For 1st Respondent : Mr.K.S.Durai Pandian Additional Public Prosecutor For 2nd Respondent : Mr.A.Joel Paul Antony COMMON ORDER This Criminal Original Petitions have been filed to call for the records relating to C.C.Nos. 92 of 2016 and 7 of 2017 on the file of the learned Judicial Magistrate, Manapparai and quash the same.

2.Based on the complaint lodged by the second respondent in Crl.O.P.(MD)No.16479 of 2016, the case was registered in Crime No.302 of 2015, for the alleged offence under Sections 147, 294 (b), 324 and 506(ii) of I.P.C. After filing charge sheet, the case was taken on file in C.C.No.92 of 2016 on the file of the learned Judicial Magistrate, Manaparai, Trichy District. Based on the complaint lodged by the second respondent in Crl.O.P.(MD) No.5264 of 2017, the case was registered in Crime No.303 of 2015 as against the petitioners therein for the alleged offence under Section 147, 294(b), 324 and 506(ii) of I.P.C. After filing charge sheet, the case was taken on file in C.C.No.7 of 2017 on the file of the learned Judicial Magistrate, Manaparai, Trichy District.

3.The first petitioner in Crl.O.P.(MD)No.16479 of 2016 is the second respondent in Crl.O.P.(MD)No.5264 of 2017 and the defacto complainant in Crime No.303 of 2015. Similarly, the first petitioner in Crl.O.P.(MD)No.5264 of 2017 is the second respondent in Crl.O.P.(MD)No.16749 of 2016 and the defacto complainant in Crime No.302 of 2015.

4.After charge sheets were filed in both the cases, these two cases were taken on file in C.C.No.92 of 2016 and C.C.No.7 of 2017 on the file of the learned Judicial Magistrate, Manaparai, Trichy District.

5.It appears that the petitioners and the second respondent have settled the dispute amicably. It is stated that

the parties have entered into a compromise. The Joint Compromise Memos duly signed by the petitioners and the second respondent in both cases, in the presence of their respective counsels before this Court are filed. The parties have jointly stated in the Joint Compromise Memos that the charge sheets filed in C.C.No.92 of 2016 and C.C.No.7 of 2017 pending on the file of the learned Judicial Magistrate, Manaparai, Trichy District may be quashed. 6.It is stated that the third petitioner is working in army and he is unable to present before this Court due to unavoidable circumstance. Similarly, fourth and fifth petitioners are not present. However, the defacto complainant in both the cases are present along with other petitioners.

The parties appeared before this Court today and stated that they have expressed in equivocal terms and they have settled the dispute amicably and signed the Joint Compromise Memos on their own will and volition. The identities of the parties are verified with reference to the authenticated documents produced by the parties before this Court. The identities of the parties are also confirmed by the learned Additional Public Prosecutor through the first respondent police.

7. Having regard to the specific terms of the Joint Compromise Memos, this Court is of the view that no useful purpose will be served by keeping this matter pending. Hence, the Criminal Original Petitions are allowed and the proceedings in C.C.No.92 of 2016 and C.C.No.7 of 2017 on the file of the learned Judicial Magistrate, Manaparai, Trichy District, are quashed in toto. Consequently, connected miscellaneous petitions are closed. The Joint Compromise Memo signed by the parties shall form part of the order.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar Herewith enclosed the xerox copy of Joint Compromise Memos. To 1.The Judicial Magistrate, Manapparai, Trichy District. 2.Do Thro' The Chief Judicial Magistrate, Trichy. 3.The Inspector of Police,Puthanatham Police Station, Trichy District.

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

+1CC to Mr.A.Joel Paul Antony, Advocate, SR.No. 91069 CRL OP(MD)Nos.16479 of 2016 and 5264 of 2017 and CRL MP(MD)Nos.8076 & 8077 of 2016 and 3724 & 3725 of 2017 04.12.2017 rmi AM/SKN RSK/SAR 3/18.12.2017/3P/6C