Madras High CourtCRL OP(MD)/20482/2016allowed

Alagusekar v. The Inspector Of Police

2016-11-08Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:08.11.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.20482 of 2016 1.Alagusekar 2.Vasantharaj 3.Satheesh 4.Shanmugasundaram 5.Selvakumar 6.Ranjith .. Petitioners/Accused Nos.1 to 6 -vs1.The State rep. By The Inspector of Police, Devarkulam Police Station, Tirunelveli District, In Crime No.133 of 2015 ..1st Respondent/Complainant 2.Subash ..2nd respondent/Defacto Complainant Prayer: Petition filed under Section 482 of Code of Criminal Procedure to call for the records pertaining to the proceedings in Crime No.133 of 2015 on the file of the respondent police and quash the same as arbitrary and illegal.

For Petitioners : Mr.C.R.Ponnuthai For R-1 : Mr.P.Kannithevan, Government Advocate Crl.Side For R-2 : M/s.Balu Mahendran

O R D E R

This petition has been filed seeking to quash the F.I.R in Crime No.133 of 2015 on the file of the first respondent police.

2. It is seen that a case has been registered against the petitioners in Crime No.133 of 2015 on the file of the first respondent police for the offence under Sections 147, 148, 294(b), 323, 506(i) of I.P.C.

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3. When the matter came up for hearing on 02.11.2016, the petitioners and the second respondent, 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 (Crl.Side) through the respondent police and the learned counsel appearing for the petitioners submitted that the matter is now compromised out of the court and the petitioners are willing to donate a sum of Rs.15,000/- to Rojavanam Old Age Home, Ulaganeri, Madurai and the defacto complainant had no objection to quash the F.I.R., and in view of the same, the petitioners were permitted to pay the said amount to the Old Age Home and the matter was directed to be listed for reporting compliance.

4. Today, when the matter is taken up for hearing, it is represented by the learned counsel for the petitioners that as agreed by the petitioners a sum of Rs.15,000/- has been paid to Rojavanam Old Age Home, Ulaganeri,Madurai and cost-memo has been filed to that effect. Further, joint compromise memo, dated 29.09.2016 signed by both parties and their respective counsel has also been produced before this Court.

5. This Court is of the view that since the parties have arrived at an amicable settlement by way of compromise among themselves and the defacto complainant has no objection to quash the F.I.R in Crime No.133 of 2015 on the file of the first respondent police, no useful purpose would be served in keeping the matter pending.

6. Accordingly, this Criminal Original Petition is allowed and the F.I.R in Crime No.133 of 2015 on the file of the first respondent police, is hereby quashed.

Sd/- Assistant Registrar(CO) /True Copy/ Assistant Registrar Pm To 1.The Inspector of Police, Devarkulam Police Station, Tirunelveli District, 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.C.R.Ponnuthai Advocate Sr.No.66596 JAM/22.11.16/KP/AR CS 2 /2p-4c Crl.O.P.(MD)No.20482 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 08.11.2016