Vinoth v. The Sub-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.7865 of 2017 1.Vinoth 2.Dinesh 3.Manivannan 4.Thangamuthu 5.Balamurugan 6.Surya 7.Vijay 8.Ajith 9.Boopathy @ Bhuvanehwaran 10.Ramkumar 11.Sathesh 12.Ananth @ Prabhakaran 13.Ayyanar 14.Aravinth : Petitioners/Accused Nos.1 to 14 -vs1.State Rep. by The Sub-Inspector of Police, Sholavandan Police Station, Madurai District.
: 1st Respondent/Complainant (Crime No.253 of 2017) 2.Suruthi : 2nd Respondent/Defacto Complainant Prayer: Petition is filed under Section 482 of Code of Criminal Procedure, to quash the First Information Report in Crime No.253 of 2017 under Sections 147, 148, 294(b), 323, 336, 427, 506(i) r/w Section 4 of Tamil Nadu Prohibition of Women Harassment Act. For Petitioners : Mr.A.R.Kannappan For Respondent : Mr.K.Anbarasan for R1 Government Advocate (Crl.side) Mr.S.Muthumalai Raja for R2
O R D E R
On the complaint lodged by Suruthi, the police have registered a case in Crime No.253 of 2017 on 09.06.2017 under Sections 147, 148, 294(b), 323, 336, 427 and 506(ii) IPC r/w Section 4 of Tamil Nadu Prohibition of Women Harassment Act against 14 accused. For quashing which, the accused and the defacto complainant are
present before this Court on the ground that they arrived at a compromise.
2. It appears that during a cultural programme in connection with the village temple festival an altercation ensued between the petitioners and the defacto complainant, in which these petitioners have teased the defacto complainant and her family members.
3. The learned Government Advocate submitted that there are no previous case against the petitioners.
4.Today, when the matter was taken up for hearing, Mr.P.Kannan, Sub-Inspector of Police, Sholavanthan Police Station, Madurai, 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.P.Kannan, Sub-Inspector of Police, Sholavanthan Police Station, Madurai.
5. The petitioners and the second respondent have filed a joint compromise memo dated 20.06.2017, wherein, they have stated as follows:
"2.It is submitted that now we amicably settle the matter since we are relatives and neighbours in our locality and we want to live peacefully. Sincere efforts of the elders, myself and the Petitioners spoke together and now we are peacefully living in our locality. Because of the pendency of the above Criminal case, our peaceful life would suffer. The 2nd Respondent herein and petitioners/Accused Nos.1 to 14 have mutually decided not to proceed with the case further in so far as against the Petitioners/Accused Nos.1 to 14 herein."
6. In view of the joint memo of compromise dated 20.06.2017, this Court is of the opinion that no useful purpose would be served in keeping the matter pending. The joint compromise memo dated 21.06.2017 shall form part of this order.
7. It is seen that all the accused appear to be between 20 and 27 years of age and they are in their prime of the life. They will not get any State employment in future on account of this criminal case. Therefore, it is the duty of this Court to ensure that the accused herein shall reform themselves and turn into a new leaf so that they do not take to crimes as avocation emboldened by the fact that this case against them has been quashed by this Court. 8.Accordingly, this Criminal Original Petition is allowed and the entire proceedings in Crime No.253 of 2017 on the file of the first respondent are hereby quashed. However, all the petitioners are directed to appear before the Curator, Gandhi Museum, Madurai
at 10.00 a.m. and shall remain there till 05.00 p.m. on all Saturdays and Sundays of next Month i.e. 1st July, 2nd July, 8th July, 9th July, 15th July, 16th July, 22nd July, 23rd July, 29th July and 30th July and take part in the activities of Gandhi Museum. After such period, the Curator shall issue necessary certificate to the petitioners for having undergone training there. The petitioners shall abide all the directions of the Curator, Gandhi Museum. The Curator, Gandhi Museum is directed to send a report to this Court and also a copy to the Inspector of Police, Sholavandan Police Station.
Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar.
Herewith attached Compromise Memo To:
1. The Sub-Inspector of Police, Sholavandan Police Station, Madurai District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
3.The Curator, Mahatma Gandhi Museum, Madurai.
4.The Inspector of Police, Sholavandan Police Station, Madurai.
+1CC to M/S.A.R.Kannappan, Advocate, SR.No. 61947 Order made in Crl.O.P.(MD) No7865 of 2017 27.06.2017 jikr AM/SV MMS/SAR 4/28.06.2017/3P/6C