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Madras High CourtCRL OP(MD)/3493/2017allowed

Michale Raj v. The Inspector Of Police

2017-04-04Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2017

CORAM:

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.3493 of 2017 Michale Raj ... Petitioner/Sole Accused -vs1.

State through The Inspector of Police, South Police Station, Tuticorin.

2.

Chinnadurai ... Respondents/Complainants PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code praying to call for records relating to Crime No.1304 of 2016 on the file of the 1st respondent police and quash the same.

For Petitioner :

Mr.S.Moorthy For R1 :

Mr.A.P.Balasubramani Govt. Advocate (Crl.Side) For R2 :

M/s.M.Bhuwaneswari *****

O R D E R

This petition has been filed, seeking to call for records relating to Crime No.1304 of 2016 on the file of the 1st respondent police and quash the same.

2. On the complaint lodged by the 2nd respondent, the 1st respondent registered a case in Crime No.1304 of 2016 on 14.11.2016 under Sections 341, 294(b), 323, 506(2) and 427 IPC against the petitioner herein, for quashing which, the petitioner is before this Court on the ground that the matter has been amicably settled.

3. Today, both the defacto complainant and the petitioner 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 Mr.C.Vairavan, Special Sub-Inspector of Police, South Police Station, Tuticorin, who is present in this Court.

4. The defacto complainant/R2 has filed an affidavit dated 21.03.2017, agreeing to withdraw the case pending as against the petitioner.

https://hcservices.ecourts.gov.in/hcservices/

5. 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.1304 of 2016 pending on the file of the 1st respondent police in respect of all the accused including those who are not before this Court are hereby quashed. The affidavit of the defacto complainant dated 21.03.2017 shall form part of this order.

6. At the instance of the learned counsel for the petitioner, the petitioner himself voluntarily came forward to contribute some amount for the purpose of removal of Seemai Karuvelam Trees.

7. Accepting the submission, the petitioner is directed to pay a sum of Rs.1,000/- (Rupees One Thousand only) 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 Seemai Karuvelam Trees, within a period of two weeks from the date of receipt of a copy of this order. 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-I) /True Copy/ Sub Assistant Registrar To:

1.

The Inspector of Police, South Police Station, Tuticorin.

2.

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

Copy to : The Registrar (Administration), Madurai Bench of Madras High Court, Madurai.

AR JS/RSK/4.05.2017/2P-4C Crl.O.P.(MD) No.3493 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 04.04.2017