M. Dharmar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.10.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.19963 of 2016 M.Dharmar .. Petitioner/Sole Accused -Vs1.The State through the Inspector of Police, Sulakarai Police Station, Virudhunagar.

(Crime No.292/2015).

..Respondent/Complainant 2.R.Sundaramoorthy ... Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the records and to quash the FIR in Crime No.292 of 2015, dated 28.10.2015 pending on the file of the first respondent in the nature and circumstances of the case and in the interest of justice, equity and good conscience.

For Petitioners : Mr.R.Rajamohan For Respondents : Mr.K.Anbarasan Govt. Advocate (Crl.Side) for R.1 : M/s.Dhana Law Associates for R.2

O R D E R

This petition has been filed to call for the records in Crime No.292 of 2015 pending investigation on the file of the first respondent and quash the same to the petitioner.

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 Cr.No.292 of 2015 for offences under Sections 387 and 506(ii) of IPC, 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 19.10.2016 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 17.08.2016 duly signed by both parties and counter signed by their respective Counsel. They would also further submit that he is willing to donate Rs.10,000/- to Harijan Sevak Sangh.

5. In view of the above, this Court directed the petitioner to pay 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 and also this Court dispensed with the appearance of the parties.

6. Today when the matter is called, cost memo 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.292 of 2015, 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 compromise memo Sub Assistant Registrar To:

1.The Inspector of Police, Sulakarai Police Station, Virudhunagar.

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

Copy 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 +1cc to Mr.R.Rajamohan, Advocate Sr.No.62474 am sm:sks-rr:09/11/2016:2P/5C Crl.O.P.(MD) No.19963 of 2016 21.10.2016 https://hcservices.ecourts.gov.in/hcservices/