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Madras High CourtCRL OP(MD)/19245/2016allowed

Kalidoss v. The Inspector Of Police,

2016-10-19Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.10.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P(MD)No.19245 of 2016 Kalidoss ... Petitioner/Sole accused -vs1. The State rep. By The Inspector of Police, Theni Police Station, Theni District.

In Crime No.721 of 2016.

... 1st Respondent/Complainant

2. Vairamani ... 2nd Respondent/Defacto complainant Prayer:- Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the impugned F.I.R in Crime No.721 of 2016 on the file of the first respondent Police and quash the same.

For Petitioner : Mr.R.Shankar Ganesh For R - 1 : Mr.P.Kannithevan Government Advocate (Crl. Side) For R - 2 : Mr.A.Ananda Raj

ORDER

This Criminal Original Petition has been filed to call for the records pertaining to the impugned F.I.R in Crime No.721 of 2016 on the file of the first respondent Police and quash the same.

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 petitioner in Crime No.721 of 2016 for offences under Sections 294(b), 323, 506(i) and 379 IPC r/w Section 4 of TNPWH Act on the file of the first respondent. The said F.I.R. is challenged before this Court.

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4.When the matter was called on 06.10.2016 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 joint compromise memo dated 06.10.2016 duly signed by both parties and counter signed by their respective counsel. They would also further submit that the petitioner is 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 learned counsel for the petitioner submitted that the petitioner has paid the amount to Harijan Sevak Sangh. In view of the statements made by the parties and the joint 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 Crime No.721 of 2016 on the file of the first respondent is hereby quashed and the Criminal Original Petition is allowed.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To

1. The Inspector of Police, Theni Police Station, Theni District.

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

+ 1 CC TO Mr.R.SANKAR GANESH, ADVOCATE IN SR No. 61496 PS TE/SKS-RR : 07/11/2016 : 2P/4C Crl.O.P(MD)No.19245 of 2016 19.10.2016 https://hcservices.ecourts.gov.in/hcservices/