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Madras High CourtCRL OP(MD)/7200/2017allowed

Sasikumar v. The Inspector Of Police,

2017-06-14Honourable Mr Justice P. N. Prakash3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.O.P.(MD)Nos.7200 & 7206 of 2017 Crl.O.P(MD) No.7200 of 2017 1.Sasikumar 2.Gandhiammal :Petitioners /Accused No.1 & 2 Vs.

1. The State Represented by its, The Inspector of Police, Ilayankudi Police Station, Sivagangai District.

Crime No.89 of 2017 :1st Respondent /Complainant

2. Ilamaran :2nd Respondent/Defacto-Complainant PRAYER: Petition filed under Section 482 of the Criminal Procedure Code to call for the entire records in relating to the entire proceedings of the FIR in Crime No.89 of 2017 on the file of the 1st respondent and quash the same.

For Petitioners : Mr.M.S.Jeyakarthik For Respondents : Mr.K.Anbarasan Government Advocate (Crl.side) for R.1 : Mr.N.Ramesh Arumugam for R.2 * * * * * Crl.op.(MD)No.7206 of 2017 1.Suresh 2.Ilamaran 3.Palani : Petitioners/Accused No.1 to 3 -Vs1. The State Represented by its, The Inspector of Police, Ilayankudi Police Station, Sivagangai District.

Crime No.90/2017. :1st Respondent/Complainant

2. Sasikumar :2nd Respondent/Defacto Complainant PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code to call for the entire records in relating to the entire proceedings of the FIR in Crime No. 90 of 2017 on the file of the 1st respondent and quash the same.

For Petitioners : Mr.N.Ramesh Arumugam For Respondents : Mr.K.Anbarasan Government Advocate (Crl.side) for R1.

Mr.M.S.Jeyakarthick for R2 * * * * * COMMON ORDER In the complaint lodged by Ilamaran, the respondent police registered a case in Crime No. 89 of 2017, dated 31.03.2017, for the offences under Sections 294(b), 323 and 506(ii) I.P.C., against Sasikumar and another.

2. On the complaint lodged by Sasikumar, the respondent Police registered a case in Crime No.90 of 2017 dated 31.03.2017 for the offences under Sections 294(b), 323 and 506(ii) I.P.C., against Suresh, Ilamaran and Palani.

3. Since the parties have entered compromise, they have filed the present petitions for quashing the F.I.Rs. 4.Today, when the matter was taken up for hearing, Mr.Pandy, Special Sub-Inspector of Police, Ilangudi Police Station is present. Both parties are also present before this Court and their identifications were verified by this Court, in addition to the confirmation of the identity of the parties by the learned Government Advocate (Criminal side) through Mr.Pandy, Special SubInspector of Police, Ilayangudi Police Station.

5. The petitioners and the second respondent in both petitions have filed a joint compromise memo dated 10.04.2017, wherein, they have stated as follows:

"3. It is submitted that the petitioners and the 2nd respondent are belonged to the same locality and they are well known to each other. During the pendency of the investigation in respect of the above FIR, the petitioners and the 2nd respondent were entered into compromise. Further out of the intervention of the elder members, relatives and friends, now the petitioners and 2nd respondent settled their dispute amicably and the 2nd respondent didn't want to proceed further the above FIR in Crime No. 90 of 2017 on the file of the 1st respondent. Therefore in these above facts and circumstances, the petitioners are seeking quash the FIR in Crime No.90 of 2017 on the file of the 1st respondent."

6. In view of the joint memo of compromise dated 10.04.2017, this Court is of the opinion that no useful purpose would be served in keeping the matters pending.

7.Accordingly, both the Criminal Original Petitions are allowed on the basis of the compromise entered into between the parties and the entire proceedings in Cr.Nos.89 and 90 of 2017 on the file of the first respondent police are hereby quashed on condition that the petitioners shall pay a sum of Rs.500/- (Rupees Five Hundred only) each (Totally Rs.500/- x 5 = Rs.2,500/- (Rupees Two Thousand and Five Hundred only) as cost to Mahatma Gandhi Museum, Madurai, within a period of one week from the date of receipt of a copy of this order and file a memo in the Registry. The joint compromise memo dated 10.04.2017 shall form part of this order.

Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar To

1. The Inspector of Police, Ilayankudi Police Station, Sivagangai District.

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

+1 CC to M/s. M.S.JEYAKARTHIK, Advocate, SR No. 60098, 60099 DAS/SSL PSM/KKR/SAR1/22.06.2017/3P/4C CRL.O.P.(MD)Nos.7200 & 7206 of 2017 14.06.2017