Balamurugan 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.3543 of 2017 1.Balamurugan 2.Giri : Petitioners/Accused 1 & 2 -Vs1. State Represented by The Inspector of Police, Thiruparangundram Police Station, Madurai.
In Crime No.450 of 2016.
2. Sankaranarayan : Respondents/Complainant PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code to call for the records relating to the First Information Report in Crime No.450 of 2016 on the file of first respondent police and quash the same.
For Petitioners : Mr.R.Selvaraj For Respondent No.1 : Mr.K.Anbarasan, Government Advocate (Crl.side) For Respondent No.2 : Mr.M.Murugesan
O R D E R
On the complaint lodged by the second respondent, the first respondent police registered a case in Crime No.450 of 2016 for offences under Sections 341, 294(b), 324 and 109 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, Mr.K.Balasubramanian, Special Sub-Inspector of Police, W1 Thirunagar Police Station, appeared on behalf of Thiruparangundram Police Station. The defacto complainant is present and the petitioners are 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 SubInspector of Police, W1 Thirunagar Police Station.
3. The petitioners 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 petitioners 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 Crime No.450 of 2016 on the file of the first respondent, 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 petitioners, the petitioners themselves voluntarily came forward to contribute some amount for the purpose of removal of Seemai 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 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 Inspector of Police, Thiruparangundram Police Station, Madurai.
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to The Registrar(Administration), Madurai Bench of Madras High Court, Madurai-23. +1 cc to Mr.R.Selvaraj, Advocate, SR.No.18751 Order made in CRL.O.P.(MD)No.3543 of 2017 Dated: 27.03.2017 sml (2/2) MKV-SKN-SAR 4/5.4.2017/2P-5C https://hcservices.ecourts.gov.in/hcservices/