Jothi Murugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.17943 of 2016 1.Jothimurugan 2.Ranjith 3.Muppidathi .. Petitioners/Accused Nos.1 to 3 -Vs1.The State represented by The Inspector of Police, Sankarankoil Town Police Station, Tirunelveli District.

(Cr.No.423 of 2016) ... Respondent/Complainant 2.Suthi @ Velankanni ... Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the records in Crime No.423 of 2016 pending investigation on the file of the first respondent and quash the same to the petitioners alone. For Petitioners: Mr.Solaisamy For Respondents: Mr.K.Anbarasan Govt. Advocate (Crl.Side) for R.1 : Mr.S.Muthukumar for R.2

O R D E R

This petition has been filed to call for the records in Crime No.423 of 2016 pending investigation on the file of the first respondent and quash the same to the petitioners alone.

2. Heard the learned Counsel for the petitioners, the learned Government Advocate (Crl.Side) appearing for the first respondent and the learned Counsel appearing for the second respondent.

3. Based on the complaint given by the second

respondent/defacto complainant, a case has been registered against the petitioners in Cr.No.423 of 2016 for offences under Sections 294(b), 323, 506(ii) I.P.C., r/w Section 3(i)(r), 3(i)(s) and 3(2) (va) of Amendment Ordinance 2014 of SC/ST(PA), on the file of the first respondent. The said F.I.R. is challenged before this Court.

4. When the matter was called yesterday i.e., on 22.09.2016 both the petitioners as well as the second respondent are present before this Court and they categorically made a statement that the dispute between them have been settled amicably. They also filed a memo of compromise dated 19.09.2016 duly signed by both parties and counter signed by their respective Counsel. They would also further submit that they are ready to donate Rs.10,000/- to Harijan Sevak Sangh.

5. In view of the above, this Court directed the parties to pay Rs.10,000/- to Tamil Nadu Harijan Sevak Sangh, N.M.R.Subbaraman Memoral Residential Primary School Campus, 12, Dr.Thangaraj Road, Vinayaga Nagar, Opposite to Madurai Law College, Madurai -20 and also this Court dispensed with the appearance of the parties.

6. Today when the matter is called, the receipt has been filed. In view of the statements made by the parties and the compromise memo filed by them, no fruitful purpose will be achieved to proceed further in this matter.

7. In view of that, the impugned F.I.R. in Cr.No.423 of 2016, on the file of the first respondent is hereby quashed and the Criminal Original Petition is allowed.

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar ssl To:

1.The Inspector of Police, Sankarankoil Town Police Station, Tirunelveli District.

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

COPY TO Tamil Nadu Harijan Sevak Sangh, N.M.R.Subbaraman Memoral Residential Primary School Campus, 12, Dr.Thangaraj Road, Vinayaga Nagar, Opposite to Madurai Law College, Madurai -20 +1cc to Mr.M.Solaisamy,Advocate Sr.No. 56338 JAM/05/10/16/PV/ 3p-5c Encl: Xerox copy of Compromise Memo Crl.O.P.(MD) No.17943 of 2016 23.09.2016