Madras High CourtCRL OP(MD)/18474/2016allowed

Duraipandi Alias Pandidurai v. The Inspector Of Police

2016-09-27Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.09.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.18474 of 2016 1.Duraipandi @ Pandidurai 2.S.Manikandan .. Petitioners/Accused Nos.1 & 2 -VsThe Inspector of Police, Karaikudi North Police Station, Sivagangai District, (Crime No.459 of 2016) .. Respondent/complainant 2.Anandan ... 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.459 of 2016 on the file of the Inspector of Police, Karaikudi North Police station, Sivagangai District and to quash the same as illegal and abuse process of law. For Petitioners: Mr.S.Kameswaran For Respondents: Mr.K.Anbarasan Govt. Advocate (Crl.Side) for R.1 : Mr.M.Maharaja for R.2

O R D E R

This petition has been filed to call for the records in Crime No.459 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 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.459 of 2016 for offences under Sections 294(b), 323, 506(i) of I.P.C, on the file of the first respondent. The said F.I.R. is challenged before this Court. https://hcservices.ecourts.gov.in/hcservices/

4.When the matter is called today 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 20.09.2016 duly signed by both parties and counter signed by their respective Counsel. They would also further submit that the firt petitioner is ready to donate Rs.15,000/- to Harijan Sevak Sangh.

5. In view of the above, this Court directed the parties to pay Rs.15,000/- 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.

6. Today 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.459 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/ Encl:Xerox copy of compromise memo.

Sub Assistant Registrar To:

1.The Inspector of Police, Karaikudi North Police Station, Sivagangai District, 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to:The 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.S.Kameswaran, Advocate SR.No.56599 am sm:sk-skn:14/10/2016:2P/5C Crl.O.P.(MD) No.18474 of 2016 27.09.2016 https://hcservices.ecourts.gov.in/hcservices/