Jeyakumar v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.09.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.18034 of 2016 Jeyakumar .. Petitioners/Accused -Vs1.State represented by Sub-Inspector of Police, Peraiyur Police Station, Madurai District.

(Crime No.145 of 2016) .. Respondent/complainant 2.Masanamuthu ... Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the records relating to the FIR in Crime No.145 of 2016 on the file of the first respondent police and quash the same.

For Petitioners : Mr.P.Arun Jeyatram For Respondents : Mr.K.Anbarasan Govt. Advocate (Crl.Side) for R.1 : Mr.S.Sankar for R.2

O R D E R

This petition has been filed to call for the records in Crime No.145 of 2016 pending investigation on the file of the first respondent and quash the same to the petitioner alone.

2. Heard the learned Counsel for the petitioner, 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.145 of 2016 for offences under Section 420 of IPC, on the file of the first respondent. The said F.I.R. is challenged before this Court.

4. When the matter was called on 22.09.2016 both the petitioner 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 09.09.2016 duly signed by both parties and counter signed by their respective Counsel. They would also

further submit that they are ready to donate Rs.5,000/- to Harijan Sevak Sangh.

5. In view of the above, this Court directed the parties to pay Rs.5,000/- 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.145 of 2016, on the file of the first respondent is hereby quashed and the Criminal Original Petition is allowed.

Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To:

1. The Sub-Inspector of Police, Peraiyur Police Station, Madurai District.

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

3.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 am RL/4C/2P/AAL/MPA/6.10.2016 Crl.O.P.(MD) No.18034 of 2016

26.09.2016