Subbammal, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2017

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.7418 of 2017 1.Subbammal 2.Valliammal 3.Lakshmi 4.Subbiah 5.Duraipandi 6.Subash 7.Durai @ Vanumamalai : Petitioners/Accused Nos.1 to 7 -vs1.The Inspector of Police, Valliyoor Police Station, Tirunelveli District.

(Cr.No.6 of 2017) : Respondent/Complainant 2.Charles : Respondent/Defacto Complainant Prayer: Petition is filed under Section 482 of Code of Criminal Procedure, praying to accept the compromise memo entered between the petitioners and the second respondent and call for the records of F.I.R., in Crime No.6 of 2017 on the file of the first respondent and quash the same.

For Petitioners : Mr.V.Angusamy For Respondents : Mr.K.Anbarasan Government Advocate (Crl.side) for R.1 : Mr.A.Balaji for R.2 ******

O R D E R

On the complaint lodged by Charles, the respondent police registered a case in Crime No.6 of 2017 on 05.01.2017 for the offences under Sections 468, 471, 420, 448, 294(b) and 506(ii) I.P.C., against Subbammal and seven others, for quashing which, both parties are present before this Court on the ground that they have arrived at the compromise.

2.Today, when the matter was taken up for hearing, Mr.V.Rajasekaran, Sub-Inspector of Police, Valliyoor 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. V.Rajasekaran, SubInspector of Police, Valliyoor Police Station.

3. The petitioners and the second respondent have filed a joint compromise memo dated 09.06.2017 wherein, they have stated as follows:

"3.We submit that the execution of the alleged document was not intended to cheat the 2nd respondent as because, the 1st and 2nd petitioners have claimed the same land by way of inheritance from their grand-mother Seenithayammal, who was stated to be died leaving the property intestate. As the dispute invloves complex matrix of title flow and having the predominant civil nature, all the petitioners and the 2nd respondent have made peace talk in the presence of the elders and relatives and arrived compromise by making alternative seetlements with regard to the above dispute. 4.We submit that on the basis of the compromise, all the petitioners and the defacto complainant decided not to prosecute the case. Further the matter was amicably settled among them. There is nothing survived in the case and all of them have no objection to quash the case in Crime No.6 of 2017 on the file of the 1st respondent. We further submit that one Karthick, S/o.Sudalaikumar is named as 8th Accused in the FIR. The 1st respondent had miserably arrayed him as 8th accused who in fact is not available."

4.In view of the joint memo of compromise dated 09.06.2017, this Court is of the opinion that no useful purpose would be served in keeping the matter pending.

5.Accordingly, this Criminal Original Petition is allowed on the basis of the compromise entered into between the parties and the entire proceedings in Cr.No.6 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 7 = Rs.3,500/- (Rupees Three Thousand and Five Hundred only) as cost to the Tamil Nadu State Legal Services Committee attached to this Bench 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 09.06.2017 shall form part of this order.

Sd/- Assistant Registrar(Crl. Side) /True Copy/ Sub Assistant Registrar

To:

1.The Inspector of Police, Valliyoor Police Station, Tirunelveli District.

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

Copy to : The Secretary, T.N State Legal Services Committee, Madurai Bench of Madras High Court, Madurai.

SSL JS/SKN.RSK/SAR.3/4.7.2017/3P-4C Order made in C rl.O.P.(MD) No.7418 of 2017 27.06.2017