Muthu Kumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.04.2017
CORAM:
THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.O.P.(MD)No.4477 of 2017 1.Muthu Kumar 2.Maya Krishnan 3.Ganesh Kumar 4.Saran Babu : Petitioners/Accused No 1 to 4 -Vs- The State rep. by 1.The Inspector of Police, B1 Town Police Station, Ramanathapuram Town.
Crime No.36 of 2013. :1st Respondent/Complainant 2.Chella Muthu :2nd Respondent/Defacto Complainant PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code to call for the records pertaining to the case in Crime No.36 of 2013 on the file of the first respondent police and quash the same.
For Petitioners : Mr.B.Jameel Arasu For Respondent No.1 : Mr.K.Anbarasan, Government Advocate (Crl.side) For Respondent No.2 : Mr.A.Joel Paul Antony
O R D E R
On the complaint lodged by the second respondent, the first respondent police have registered a case in Crime No.36 of 2013 under Sections 294(b), 324 and 506(ii) 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.Karmegam, Special Sub-Inspector of Police, B1 Town Police
Station, Ramanathapuram is present. 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.Karmegam, Special Sub-Inspector of Police, B1 Town Police Station, Ramanathapuram.
3. The learned Government Advocate (Criminal side), on instructions, submitted that the investigation in Crime No.36 of 2013 was completed and charge sheet was filed on 07.05.2014 before the learned Judicial Magistrate No.I, Ramnad, but the same was returned.
4. The petitioners and the second respondent have filed a joint compromise memo, wherein, it is stated as follows: "2. It is pertinent to mention that the petitioners/accused and the defacto complainant knows each other very well and residing in the same locality.
3. It is further submitted that the above said criminal case pertains to a dispute between the parties and the same was filed due to flimsy grounds.
4. It is submitted that after filing of the above quash petition, as stated above the well wishers of both the families and family elders advised both the parties that in the interest of maintaining peace and harmony in the locality and accordingly both parties have compromised themselves. Hence, it is just and necessary to file this compromise memo before this Hon'ble Court and record the same and dispose of the above Criminal Original Petition."
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.36 of 2013 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 shall form part of this order.
6. 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.
7. 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 Cour, Madurai. Sd/- Assistant Registrar(AR) /True copy/ Sub Assistant Registrar To 1.The Inspector of Police, B1 Town Police Station, Ramanathapuram Town.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
3.The Registrar (Administration), Madurai Bench of Madras High Court, Madurai.
+1 cc to Mr.B.Jameel Arasu , Advocate in SR.No. 52347 SML AE/RR/SAR3/27.04.2017/3P/5C Order made in CRL.O.P.(MD) No.4477 of 2017 Dated: 17.04.2017