← Library
Madras High CourtCRL OP(MD)/4933/2017allowed

Kasilingam v. The Inspector Of Police

2017-06-13Honourable Mr Justice P. N. Prakash4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2017

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) Nos.4933 and 4791 of 2017 Crl.O.P.(MD).No.4933 of 2017 1.Kasilingam (Wrongly mentioned in FIR as Kasirajan) 2.Kalidoss @ Kaliraj @ Karthi 3.Surya 4.Suryakala 5.Vasuki : Petitioners/Accused Nos.1 to 5 -vs1.State rep. by Inspector of Police, (Cr.No.19/2017) : Respondent/Complainant Crime No.292 of 2014 2.Kannan : Respondent/Defacto Complainant Prayer: Petition is filed under Section 482 of Code of Criminal Procedure, praying to call for the records relating to FIR in Crime No.19 of 2017, dated 16.01.2017, on the file of the Inspector of Police, Thirumangalam Taluk Police Station, Madurai District and quash the same as against the petitioners.

For Petitioners : Mr.D.Ramesh Kumar For 1st Respondent : Mr.K.Anbarasan Government Advocate (Crl.side) Crl.O.P.(MD).No.4791 of 2017 1.Kannan 2.Viji 3.Alaguthai 4.Marammal : Petitioners/Accused Nos.1 to 4

-vs1.State rep. by Inspector of Police, (Cr.No.20/2017) : Respondent/Complainant Crime No.292 of 2014 2.Kasilingam : Respondent/Defacto Complainant Prayer: Petition is filed under Section 482 of Code of Criminal Procedure, praying to call for the records relating to FIR in Crime No.20 of 2017, dated 16.01.2017, on the file of the Inspector of Police, Thirumangalam Taluk Police Station, Madurai District and quash the same as against the petitioners.

For Petitioners : Mr.R.Senthilkumar For 1st Respondent : Mr.K.Anbarasan Government Advocate (Crl.side) COMMON ORDER In Crl.O.P.(MD).No.4933 of 2017, on the complaint lodged by the second respondent, the first respondent registered a case in Crime No.19 of 2017 for the offence under Sections 147, 148, 323, 324 and 506(ii) of the Indian Penal Code and in Crl.O.P.(MD).No.4791 of 2017, on the complaint lodged by the second respondent, the first respondent registered a case in Crime No.20 of 2017 under Sections 294(b), 323 and 506(ii), to quash which, both parties are present before this Court on the ground that they have arrived at the compromise. It is represented that it is a case in counter case. 2.Today, when the matter was taken up for hearing, Mr.V.B.Farook, Thirumangalam Taluk Police Station, Madurai District, is present.

Both parties are also present before this Court and their identifications were verified by this Court, in addition to the confirmation of the identity of the parties by the learned Government Advocate (Criminal side) through Mr.V.B.Farook, Special Sub Inspector of Police, Thirumangalam Taluk Police Station, Madurai District.

3. In Crl.O.P.(MD).No.4933 of 2017, the petitioners and the second respondent have filed a joint compromise memo dated 04.04.2017, duly signed by both the parties and their respective counsel, wherein they have stated as follows: "The petitioner abovenamed beg to prefer this memorandum of Criminal Original Petition praying to quash the FIR in Crime No.19 of 2017, dated 16.1.2017, on the file of the Inspector of Police, Thirumangalam Taluk Police Station, Madurai

District for the alleged offences u/s.147, 148, 323, 324 and 506(ii) IPC

2. It is submitted that the defactocomplainant and the petitioners settled their disputes amicably"

4. In Crl.O.P.(MD).No.4791 of 2017, the petitioners and the second respondent have filed a joint compromise memo dated 03.04.2017, duly signed by both the parties and their respective counsel, wherein they have stated as follows: "The petitioner abovenamed beg to prefer this memorandum of Criminal Original Petition praying to quash the FIR in Crime No.20 of 2017, dated 16.1.2017, on the file of the Inspector of Police, Thirumangalam Taluk Police Station, Madurai District for the alleged offences u/s.294(b), 323 and 506(ii) IPC

2. It is submitted that the defactocomplainant and the petitioners settled their disputes amicably"

5. In view of the joint memos of compromise dated 04.04.2017 and 03.04.2017, this Court is of the opinion that no useful purpose would be served in keeping the matter pending. 6.Accordingly, these Criminal Original Petitions are allowed on the basis of the compromise entered into between the parties and the entire proceedings in Crime Nos.19 and 20 of 2017 on the file the Inspector of Police, Thirumangalam Taluk Police Station, Madurai District are hereby quashed on condition that each group shall pay a sum of Rs.2,500/- (Rupees Two Thousand Five Hundred only) as cost to Mahatma Gandhi Museum, Madurai, within a period of one week from the date of receipt of a copy of this order and file a memo in the Registry. The joint compromise memo dated 04.04.2017 and 03.04.2017 shall form part of this order.

Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar Encl.: Xerox copy of Compromise Memo To:

1.The Inspector of Police,

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

3.The Mahatma Gandhi Museum, Madurai.

+ 1 CC TO Mr.D.RAMESHKUMAR, ADVOCATE IN SR No. 60011 + 1 CC TO Mr.R.SENTHILKUMAR, ADVOCATE IN SR No. 60010 JIKR TE/KP/SAR-III : 27/06/2017 : P/C Order made in Crl.O.P.(MD) Nos.4933 and 4791 of 2017 13.06.2017