Madras High CourtCRL OP(MD)/21978/2016allowed

Selvaraj v. The Inspector Of Police,

2016-11-29Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.21978 of 2016 1.Selvaraj 2.S.Ganesan 3.S.Panjavarnam 4.B.Gopal 5.G.Balamurugan ... Petitioners/Accused Nos.1 to 5 -Vs1.State represented by The Inspector of Police, (Law and Order) Fort Police Station, Trichy City,Trichy (In Crime No.41/ 2016) ... 1st Respondent/Complainant 2.S.Pandi Selvi ... 2nd Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, directing to call for the records pertaining to the Impugned FIR in Crime No.41 of 2016 and to quash the same.

For Petitioners : Mr.M.R.Sreenivasan For Respondents : Mr.K.Anbarasan Government Advocate(Crl.Side) for R.1 : Mr.C.Deepak, for R.2

O R D E R

This petition has been filed to call for the records pertaining to the Impugned FIR in Crime No.41 of 2016 and to quash the same.

2. Heard the learned Counsel for the petitioners, the learned Government Advocate (Crl.Side) appearing for the first respondent and the learned Counsel appearing for the second respondent.

3. Based on the complaint given by the second respondent/defacto complainant, a case has been registered against the petitioners in Cr.No.41 of 2016 for offences under Sections https://hcservices.ecourts.gov.in/hcservices/

147, 448, 294(b), 323 and 506(i) I.P.C. on the file of the first respondent. The said F.I.R. is challenged before this Court.

4. When the matter was called on 25.11.2016 both the petitioners as well as the second respondent are present before this Court and they categorically made a statement that the dispute between them have been settled amicably. They also filed a joint compromise memo dated 15.11.2016 duly signed by both parties and counter signed by their respective Counsel. The learned Counsel for the second respondent also has no objection to quash the proceedings in Cr.No.41 of 2016. They would also further submit that the petitioners are ready to donate Rs.12,500/- to Bharathan Muthukumarasamy Panchayat Primary School, T.Kallupatti in favour Gopalakrishnan, R., SB A/c No.1016101072796, IFSC Code:CNRB0001016, Canara Bank, Peraiyur, Madurai District.

5. In view of the above, this Court directed the parties to pay Rs.12,500/- to Bharathan Muthukumarasamy Panchayat Primary School, T.Kallupatti in favour Gopalakrishnan, R., SB A/c No.1016101072796, IFSC Code:CNRB0001016, Canara Bank, Peraiyur, Madurai District and also this Court dispensed with the appearance of the parties.

6. Today when the matter is called, the receipt has been filed. In view of the statements made by the parties and the joint compromise memo filed by them, no fruitful purpose will be achieved to proceed further in this matter.

7. In view of that, the impugned proceedings in Cr.No.41 of 2016, on the file of the first respondent is hereby quashed and the Criminal Original Petition is allowed.

The compromise memo dated 15.11.2016 shall form part of the order. Sd/- Assistant Registrar(Admin) /True copy/ Sub Assistant Registrar To:

1. The Inspector of Police, (Law and Order) Fort Police Station, Trichy City,Trichy 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 cc to M/s.M.R.Sreenivasan, Advocate in SR.No. 73640 +1 cc to M/s.C.Deepak, Advocate in SR.No. 73641 Crl.O.P.(MD) No.21978 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 29.11.2016 CSL/MPA/28.12.2016: 2P/5C