Arul Kulandai Samy v. The Depurty Superintendent

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) Nos.19526 and 19567 of 2016 and Crl.M.P(MD)Nos.9821 and 9844 of 2016 Crl.O.P.(MD) Nos.19526 of 2016:

1.Arul Kulandai Samy 2.Humayun 3.Shanmugam 4.Mani 5.Dhakshinamoorthy 6.Saravanan 7.Mahesh 8.Suresh 9.Nasubidheen 10.Iqbal 11.Sabanayagam 12.Veeramani 13.Anwar Kabir 14.Abdul Gafoor 15.Ahammed Yasin : Petitioners/A1 to A15 -vs1.The State rep. by The Deputy Superintendent of Police, Thanjavur District.

(In Cr.No.372 of 2016) : 1st respondent/Complainant 2.Mugilvendhan : 2nd respondent/De-facto complainant Prayer in Crl.O.P(MD)No.19526 of 2016: Petition filed under Section 482 of Code of Criminal Procedure, to call for the entire records in connection with Crime No.372 of 2016, on the file of the respondent No.1 and quash the same.

Crl.O.P(MD)No.19567 of 2016:

1.Anwar @ Anwar Kabir 2.Abdul Kabir @ Abdul Gafoor 3.M.Sabanayagam 4.Suresh : Petitioners/A1 to A4 -vs-

1.The State rep. by The Deputy Superintendent of Police, Thanjavur District. : 1st respondent/Complainant 2.Prasanth :2nd respondent/De-facto complainant Prayer in Crl.O.P(MD)No.19567 of 2016: Petition filed under Section 482 of Code of Criminal Procedure, to call for the entire records in connection with Crime No.411 of 2016, on the file of the respondent No.1 and quash the same.

For Petitioners [in both cases] : Mr.A.Raja Mohamed For 1st Respondent [in both cases] : Mr.K.Anbarasan Govt. Advocate (Crl.Side) For 2nd Respondent [in both cases] : Mr.A.Abdul Kabur COMMON ORDER These petitions have been filed under Section 482 Cr.P.C., praying to call for the records relating to the cases in Crime Nos.372 and 411 of 2016 on the file of the 1st respondent police and to quash the same against the petitioners, respectively. 2.Today when the matter is called in the morning, the petitioners and the de-facto complainant, in both the cases, appeared in person with their respective counsel. They have filed joint Memorandum of compromise stating that the matter has already been compromised between the parties and the de-facto complainants, in both cases, have no objection to quash the proceedings in respect of Crime Nos.372 and 411 of 2016, respectively. The learned counsel appearing for the petitioners would submit that the petitioners are willing to denote totally Rs.1,00,000/- to the Headmaster, Government Girls Higher Secondary School, Alanganallur, Madurai District.

3.In view of the above, this court permitted directed the petitioners to pay Rs.1,00,000/- to the Headmaster, Government Girls Higher Secondary School, Alanganallur, Madurai District and also this court dispensed with the appearance of the parties. 4.Today, when the matter is called at the end of the list, the receipt has been filed. In view of the statement made by the parties and the joint compromise memos filed by them, no fruitful purpose will be achieved to proceed further in these cases.

5.In view of that, both petitions are allowed and the entire proceedings in respect of Crime Nos. 372 and 411 of 2016 on the file of the 1st respondent police, are quashed against the petitioners. The joint compromise memos shall form part of the record. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (Records) /True copy/ Sub Assistant Registrar Encl.: The Xerox Copy of the Compromise Memo is annex to this Order. To, 1.The Deputy Superintendent of Police, Thanjavur District.

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

Copy to:

The Headmaster, Government Girls' Higher Secondary School, Alanganallur, Madurai District.

Crl.O.P.(MD) Nos.19526 and 19567 of 2016 and Crl.M.P(MD)Nos.9821 and 9844 of 2016 02.12.2016 er SH/GSV-SV:11.01.2017:2P/4C