Sanjarabarayan v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.O.P.(MD)No.3527 of 2017 Sankaranarayan : Petitioner -Vs1. State Represented by The Inspector of Police, Thirunagar Police Station, Madurai.

In Crime No.428 of 2016.

2. Giri : Respondents PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code praying to call for the records relating to the charge sheet in C.C. No.461 of 2016 on the file of Judicial Magistrate Court No.VI, Madurai and quash the same. For Petitioner : Mr.M.Murugesan For Respondent No.1 : Mr.K.Anbarasan, Government Advocate (Crl.side) For Respondent No.2 : Mr.R.Selvaraj

O R D E R

On the complaint lodged by one Giri, the first respondent police registered a case in Crime No.428 of 2016 and after completing the investigation, has filed a final report in C.C.No.461 of 2016 before the learned Judicial Magistrate No.VI, Madurai, for offences under Sections 294(b) and 506(ii) of the Indian Penal Code against the petitioner herein, for quashing which, the petitioner 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, Mr.K.Balasubramanian, Special Sub-Inspector of Police, W1 Thirunagar Police Station, is present. The defacto complainant is present and the petitioner is also 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.K.Balasubramanian, Special Sub-Inspector of Police, W1 Thirunagar Police Station.

3. The petitioner and the second respondent have filed a joint compromise memo dated 09.03.2017, wherein, it is stated as follows:

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"3. It is submitted that now on the advice of the elders, both the petitioner and the defacto complainant are the same villagers and they have entered into compromise with regard to the said case and they themselves settled their disputes amicably. Therefore the 2nd respondent does not want to proceed with the case further and he has no objections to quash the FIR."

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 C.C.No.461 of 2016 pending on the file of the learned Judicial Magistrate No.VI, Madurai, in respect of all the accused including those who are not before this Court are hereby quashed. The joint compromise memo dated 09.03.2017 shall form part of this order.

5. 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.

6. Accepting the submission, the petitioner is directed to pay a sum of Rs.500/- (Rupees Five Hundred 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 today. After making payment, a copy of the challan shall be furnished to the Registrar (Administration), Madurai Bench of Madras High Court, Madurai. sd/- Assistant Registrar Joint Compromise Memo is included /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate Court No.VI, Madurai.

2. -Do Thro'- The Chief Judicial Magistrate, Madurai.

3. The Inspector of Police, Thirunagar Police Station, Madurai.

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

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

+1 cc to Mr. M.Murugesan, Advocate, SR.No. 18752 Order made in CRL.O.P.(MD)No.3527 of 2017 Dated: 27.03.2017 sml (1/2) MKV-SKN-SAR 4/5.4.2017/2P-7C https://hcservices.ecourts.gov.in/hcservices/