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Madras High CourtCRL OP(MD)/5055/2017allowed

Ramasamy v. The Sub Inspector Of Police

2017-04-24Honourable Mr Justice P. N. Prakash3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.5055 of 2017 1.Ramasamy 2.Ayyakutti 3.Arun : Petitioners/Accused Nos.1 to 3 -vs1.State rep by The Sub Inspector of Police, Eral Police Station, Thoothukudi District.

:Respondent / Complainant 2.Stephen Suresh Kumar :2nd Respondent/De-facto complainant Prayer: Petition is filed under Section 482 of Code of Criminal Procedure praying to call for the entire records in Crime No.56 of 2017 pending on the file of Eral Police Station, Thoothukudi District and quash the same.

For Petitioners :Mr.S.Sundarapandian For Respondents :Mr.K.Anbarasan Government Advocate (Crl.side)

O R D E R

On the complaint lodged by one Stephen Suresh Kumar / 2nd respondent, the first respondent police registered a case in Crime No.56 of 2017 for offences under Sections 294(b), 324 and 506(ii) of the Indian Penal Code against the petitioners, challenging which, the accused and the defacto complainant are before this Court for quashing the FIR against the petitioners on the ground that they have arrived at a compromise.

2. Today, when the matter is taken up for hearing, Mr.M.Harikaran, The Inspector of Police, Sipcot, Thoothukudi District, is present in Court. The defacto complainant is present and the accused are also present. The identifications of the accused 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.M.Harikaran, The Inspector of Police, Sipcot, Thoothukudi District . 3.The learned Government Advocate (Crl.side) submitted that it is a case and counter case.

4. The petitioners and the second respondent have filed a joint compromise memo dated 20.04.2017, in which, it has been stated as follows:

"2.It is submitted that the case of the prosecution is that on 13.03.2017, the petitioners enquired the de-facto complainant whereabouts the Brandi shop in turn De-facto complainant stated that do not ask him about the location of Brandi shop and due to that there was a quarrel. Hence this case. 3.It is further submitted that due to the above said occurrence the 4th petitioner also gave a counter complaint before the respondent police for that the case was registered against the de-facto complainant in Cr.No.57 of 2017.

4.It is further submitted that due to avoid the further litigations the family elders advised the petitioners and 2nd respondent both parties entered into compromise and both parties mutually agreed to withdraw their respective complaints. Based upon the said compromise, the both parties are agreed not to proceed with the above said cases. In that effect and the 2nd respondent ie., de-facto complainant is also agreed to withdraw his present complaint in pursuant to the case in Cr.No.56 of 2017 on the file of the 1st respondent police."

5. In view of the compromise memo dated 20.04.2017, 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 FIR in Crime No.4 of 2017 pending on the file of the respondent police in respect of all the accused are hereby quashed. The compromise memo dated 20.04.2017 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 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 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(RTI) /True Copy/ Sub-Assistant Registrar

To:

1.The Sub Inspector of Police, Eral Police Station, Thoothukudi District.

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai Copy to:- The Registrar (Administration) Madurai Bench of Madras High Court, Madurai.

Ns RL/4C/2p/MR/SAR3/10.5.2017 Order made in Crl.O.P.(MD) No.5055 of 2017 Dated:24.04.2017