Raja @ Parthibarajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.10.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P(MD)No.19292 of 2016 Raja @ Parthibarajan .. Petitioner/ Sole Accused Vs 1.The Inspector of Police, Veeravanallur Police Station, Tirunelveli District.

(Crime No.189 of 2015) .. First Respondent/ Complainant 2.John Paul .. Second Respondent/ De facto Complainant Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, praying to call for records and quash the Charge Sheet in P.R.C.No.*27 of 2016 on the file of the learned Judicial Magistrate's Court, Cheranmahadevi. For Petitioner : Mr.R.Ramachandran For Respondent No.1 : Mr.K.Anbarasan Government Advocate (Crl.Side).

For Respondent No.2 : Mr.B.Thangamani

O R D E R

This petition has been filed praying to call for the records relating to charge sheet in P.R.C.No.*27 of 2016 on the file of the learned Judicial Magistrate, Cheranmahadevi and quash the same.

2.Heard the learned counsel for the petitioner, learned Government Advocate (Criminal 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/de

facto complainant, a case has been registered against the petitioner in Crime No.189 of 2015 for the offences under Sections 294(b), 307 and 506(ii) IPC on the file of the first respondent and after completing investigation, the first respondent filed charge sheet and the same was taken on file in P.R.C.No.*27 of 2016 on the file of the learned Judicial Magistrate, Cheranmahadevi.

4.Today, when the matter was taken up for hearing in the morning, the petitioner/sole accused and the second respondent/de facto complainant, appeared in person and their identifications 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 the respondent police. They categorically made a statement that the dispute between them has been settled amicably out of the Court. They also filed a memo of compromise, dated 23.09.2016 duly signed by both parties and counter signed by their respective counsel. Learned counsel appearing for the second respondent/de facto complainant has no objection to quash the charge sheet. The learned counsel for the petitioner would further submit that the petitioner is ready to donate a sum of Rs.10,000/- to the Harijan Sevak Sangh, Madurai.

5.In view of the above, this Court directed the petitioner to pay a sum of Rs.10,000/- 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.In the afternoon, when the matter is taken up, the learned counsel for the petitioner appeared and would submit that the payment 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 the result, the Criminal Original Petition is allowed and the entire proceedings in P.R.C.No.*27 of 2016 on the file of the learned Judicial Magistrate, Cheranmahadevi, is hereby quashed.

Sd/- Assistant Registrar(CS II) * Amended as per order of this Court dated 16.03.2017 and made in Crl.MP(MD)No.1235 of 2016 in Crl.OP(MD) No.19292 of 2016.

/True copy/ Encl:Xerox copy of compromise memo Sub Assistant Registrar

To To be Substituted to the order already despatched on 9/11/2016.

1.The Judicial Magistrate, Cheranmahadevi.

2.The Inspector of Police, Veeravanallur Police Station, Tirunelveli District.

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

+1 CC to M/s.R.RAMACHANDRAN, Advocate, SR No. 15344 smn sm:KM:07/11/2016:3P/4C JS/SV/SAR.4/11.04.2017/3P-5C ORDER MADE IN Crl.O.P(MD)No.19292 of 2016 07.10.2016