Elangovan v. State, Rep. By The Inspector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2017
CORAM:
THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.O.P.(MD)No.3461 of 2017 1.Elangovan 2.Rukmani 3.Ravikumar 4.Sudha 5.Anandakumar 6.Radhika 7.Ashok Kumar 8.Poomari : Petitioners -Vs1.State, represented by The Inspector of Police, All Women Police Station, Devakottai, Sivagangai District.
(Crime No.18 of 2015) 2.Santhi : Respondents PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code to call for the records relating to Crime No.18 of 2015 dated 22.08.2015, on the file of the Inspector of Police, All Women Police Station, Devakottai, Sivagangai District and quash the same as against the petitioners.
For Petitioners : Mr.S.Mahendrapathy For Respondent No.1 : Mr.A.P.Balasubramani, Government Advocate (Crl.side) For Respondent No.2 : Mr.D.Rameshkumar **********
O R D E R
On the complaint lodged by one Santhi, the first respondent police has registered a case in Crime No.18 of 2015 under Sections 498-A, 406, 294(b) and 323 of the Indian Penal Code against the petitioners herein, for quashing which, the petitioners and the defacto complainant are before this Court on the ground that they have arrived at a compromise.
2. Today, when the matter was taken up for hearing, MS.S.Kunthi Devi, Sub-Inspector of Police, Devakottai All Women Police Station, is present. The defacto complainant is present and
except the eighth petitioner-Poomari, all the other petitioners are present 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 (Criminal side) through MS.S.Kunthi Devi, Sub-Inspector of Police, Devakottai All Women Police Station.
3. The petitioners and the second respondent have filed a joint compromise memo dated 10.03.2017, wherein, it is stated as follows:
"3. It is submitted that now the petitioners made a compromise with the defacto complainant herein and settled the matter amicably and the defacto complainant is living together with the first petitioner from May, 2016.
Hence, it is prayed that this Hon'ble Court may be pleased to record the compromise and quash the FIR in Crime No.18 of 2015, dated 22.08.2015, on the file of the Inspector of Police, All Women Police Station, Devakottai, Sivagangai District and thus render justice."
4. In view of the above, this Court is of the opinion that no useful purpose would be served in keeping the matter pending. Therefore, this petition is allowed and the entire proceedings in Crime No.18 of 2015 on the file of the first respondent police in respect of all the accused including those who are not before this Court are hereby quashed. The joint compromise memo dated 10.03.2017 shall form part of this order.
5. At the instance of the learned counsel for the petitioners, the petitioners themselves voluntarily came forward to contribute some amount for the purpose of removal of Karuvelam Trees.
6. Accepting the submission, the petitioners are directed to pay a sum of Rs.500/- (Rupees Five Hundred only) each, to the credit of Indian Bank Savings Account No.6514082295, operated by the Registrar (Administration), Madurai Bench of Madras High Court, Madurai, for the purpose of removal of Karuvelam Trees, within a period of two weeks from today. After making payment, a copy of the challan shall be furnished to the Registrar (Administration), Madurai Bench of Madras High Cour, Madurai. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar
To 1.The Inspector of Police, All Women Police Station, Devakottai, Sivagangai District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
3 The Registrar(Admin), The Madurai Bench of Madras High Court, Madurai.
+1CC to M/S.S.Mahendrapathy, Advocate, SR.No. 17919 Order made in CRL.O.P.(MD) No.3461 of 2017 Dated: 24.03.2017 SML AM/CM MSA/SAR 4/27.03.2017/3P/5C