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Madras High CourtCRL OP(MD)/800/2017allowed

Subburam v. The Sub Inspector Of Police

2017-04-04Honourable Mr Justice P. N. Prakash3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2017

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.O.P.(MD)Nos.800 and 808 of 2017 CRL.O.P.(MD)No.800 of 2017:

1.Subburam 2.Murugan 3.Karthikeyan 4.Perumalsamy 5.Kandhasamy 6.Sathiyaraj 7.Murugan 8.Velusamy 9.Pandiyan 10.Satheeskumar S/o.Ramaraj 11.Ananth 12.Paramasivam 13.Ramaraj [The father name of the tenth petitioner is amended as per the order of this Court dated 03.02.2017 in Crl.M.P.(MD)No.884 of 2017] : Petitioners/Accused 1 to 13 Vs.

1.The State Rep. by its The Sub-Inspector of Police, Amathur Police Station, Virudhunagar District.

(Crime No.185 of 2016).

:1st Respondent/Complainant 2.Palpandi :2nd Respondent/Defacto Complainant Prayer:Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to call for the entire records relating to the FIR in Crime No.185 of 2016 on the file of the first respondent police and quash the same. For Petitioners : Mr.P.Rajagopalan For Respondent No.1 : Mr.A.P.Balasubramani Government Advocate (Crl.side) For Respondent No.2 :

Mr.M.Jegadeesan ********* CRL.O.P.(MD)No.808 of 2017:

1.Palpandi 2.Mareeswaran

3.Pandi @ Delli Pandi 4.Arunkumar 5.Sasikumar 6.Mahendran 7.Varatharajan 8.Rajapandiyan 9.Rajkumar 10.Pandiyarajan 11.Chennaiyan @ Suresh : Petitioners/Accused 1 to 11 Vs.

1.The State Rep. by its The Sub-Inspector of Police, Amathur Police Station, Virudhunagar District.

(Crime No.186 of 2016).

..1st Respondent/Complainant 2.Satheeskumar : Respondent/Defacto Complainant Prayer:Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to call for the entire records relating to the FIR in Crime No.186 of 2016 on the file of the first respondent police and quash the same. For Petitioners : Mr.M.Jegadeesan For Respondent No.1 : Mr.A.P.Balasubramani Government Advocate (Crl.side) For Respondent No.2 : Mr.P.Rajagopalan ******* COMMON ORDER On the complaint lodged by one Palpandi, the first respondent registered a case in Crime No.185 of 2016, under Sections 147, 148, 294(b), 323, 324 and 506(2) of the Indian Penal Code against Subburam and 12 others, for quashing which, the petitioners are before this Court, in Crl.O.P.(MD)No.800 of 2017 on the ground that the parties have arrived at a compromise.

2. On the complaint lodged by one Satheeskumar, the first respondent registered a case in Crime No.186 of 2016, under Sections 147, 148, 294(b), 323, 324, 506(2) of the Indian Penal Code and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002, against Palpandi and ten others, for quashing which, the accused have filed Crl.O.P.(MD)No.808 of 2017 on the ground that the parties have arrived at a compromise.

3. Today, when the matter was taken up for hearing, Mr.G.Murugesan, Sub-Inspector of Police, Amathur Police Station,

is present in Court. The defacto complainant in both the cases and the petitioners/accused in both the cases are present. Their identifications were also verified by this Court, in addition to the confirmation of the identity of the parties by the learned Government Advocate (Criminal side) through Mr.G.Murugesan, SubInspector of Police, Amathur Police Station.

4. They have filed an individual compromise memo in each case signed by the respective accused and the defacto complainant, wherein they have stated that on the intervention of elders in the Village, they have arrived at a compromise, so as to amicably settle all the disputes.

5. In view of the above, these petitions are allowed and the prosecution in Crime Nos.185 and 186 of 2016 on the file of the first respondent respectively, is quashed as against all the accused. The joint compromise memo in both the petitions shall form part of this order. However, the petitioners in both the petitions are directed to pay a sum of Rs.300/- (Rupees Three Hundred only) each, to the Curator, Gandhi Museum, Madurai, within a period of two weeks from today.

6. Post the matter on 03.04.2017 "for reporting compliance".

Sd/- Assistant Registrar(CSII) /True Copy/ Sub-Assistant Registrar To (*)COMPROMISE MEMO XEROX COPIES ARE ENCLOSED HEREWITH 1.The Sub-Inspector of Police, Amathur Police Station, Virudhunagar District. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Copy to- The Curator, Gandhi Museum, Madurai. +24 ccs to Mr.M.Jegadeesan, Advocate, SR.Nos.16152 and 16153 SML RL/28C/3P/MR/SAR2/28.3.2017 Common Order made in CRL.O.P.(MD)Nos.800 and 808 of 2017 Dated:- 20.03.2017