Madras High CourtCRL OP(MD)/19527/2016allowed

Pugalenthi v. The Inspector Of Police

2016-10-07Honourable Mr Justice K. Kalyanasundaram2 pages

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.19527 of 2016 1.Pugalenthi 2.Kaliyan @ Kaliyamurthy 3.Parameshwaran .. Petitioners/Accused 1 to 3 Vs

1. The State rep. by The Inspector of Police, Thottiyam Police Station, Trichy District.

(Crime No.339 of 2013) ..First Respondent/Complainant

2. Shanmugam ..Second Respondent/ De facto Complainant Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, praying to call for the entire records in relating to the proceedings of the FIR in Crime No.339 of 2013 on the file of the first respondent and quash the same. For Petitioners : Mr.M.S.Jeyakarthik For Respondent No.1 : Mr.K.Anbarasan Government Advocate (Crl.Side).

For Respondent No.2 : Mr.A.Karthik

O R D E R

This petition has been filed praying to call for the records relating to the First Information Report in Crime No.339 of 2013 on the file of the first respondent and quash the same. 2.Heard the learned counsel for the petitioners, 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 petitioners in Crime No.339 of 2013 for the offences under Sections 294(b), 323, 324 and 506(ii) IPC on the file of the first respondent.

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4.Today, when the matter was taken up for hearing in the morning, the petitioners/accused 1 to 3 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 12.09.2016, duly signed by both parties and counter signed by their respective counsel. The learned counsel for the petitioners would further submit that the petitioners are 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 petitioners to pay a sum of Rs.10,000/- 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.

6.In the afternoon, when the matter is taken up, the learned counsel for the petitioners appeared and 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 proceedings relating to the First Information Report in Crime No.339 of 2013 on the file of the first respondent, is hereby quashed.

Sd/ Assistant Registrar(Writs) /TRUE COPY/ Sub Assistant Registrar To

1. The Inspector of Police, Thottiyam Police Station, Trichy District.

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

+1cc to M/S.M.S.Jeyakarthik, Advocate in SR.No.60767. ORDER MADE IN Crl.O.P(MD)No.19527 of 2016 smn 07.10.2016 msm/sk-skn/01.11.16/p2/4c https://hcservices.ecourts.gov.in/hcservices/