Ajithkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD).Nos.22094 and 22108 of 2016 In Crl.O.P.(MD).No.22094 of 2016:

1. Ajithkumar

2. Ashok

3. Anand

4. M. Eswaran .. Petitioners/Accused No. 1 to 4 Vs.

1. The Inspector of Police, Odaipatti Police Station, Theni District.

(Crime No. 35 of 2016) .. 1st Respondent/Complainant

2. N. Arivalagan .. 2nd Respondent/Defacto complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. praying to call for the records pertaining to the case in Crime No.35/2016 on the file of the 1st Respondent i.e., the Inspector of police , Odaipatti Police Station, Theni district and quash the same.

For Petitioners : Mr. N. Annadurai For R1 : Mr. K. Anbarasan Government Advocate(Crl. Side) In Crl.O.P.(MD).No.22108 of 2016:

1. P.S.Elangovan

2. Dhayalan

3. S. Murugan @ Vellaiyan

4. J. Kullan @ Saravanan

5. R. Krishnaprabhu @ Ki.Pa

6. K. Prabhakaran .. Petitioners/A1 to A6 Vs.

1. The Inspector of Police, Odaipatti Police Station, Theni District.

[Ref.Cr.No. 34/2016] ..1st Respondent/Complainant

2. M. Lakshmi ..2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. Praying to call for the records pertaining to the case in Cr.NO.34/2016 on the file of the 1st respondent i.e. the Inspector of Police, Odaipatti Police Station, Theni District and quash the same.

For Petitioners : Mr. D. Shanmugaraja Sethupathi For R1 : Mr. K. Anbarasan Government Advocate(Crl. side) C O M M O N ORDER The petitions have been filed to call for the records pertaining to the case in Crime Nos. 34 and 35 of 2016 on the file of the 1st Respondent i.e., the Inspector of police, Odaipatti Police Station, Theni district and quash the same pursuant to the amicable settlement effected between the parties.

2. It is seen that case in Crime No. 35 of 2016 for the alleged offences under Sections 147, 148, 448, 354, 323, 324 IPC has been registered against the petitioners/A1 to A4 and case in Crime No. 34 of 2016 for the alleged offences under Sections 147, 148, 294(b), 324IPC and 379(NH)IPC has been registered against the petitioners/A1 to A6.

3. When the matters are taken up for hearing, the parties appeared in person and their identifications were also verified by this Court. Learned counsel appearing for the parties also endorsed the identity of their respective parties.

4. The learned counsel appearing on either side filed a joint memos of compromise dated 28.11.2016, duly stating that since the parties have arrived at an amicable settlement by way of compromise among themselves, the second respondent in both petitions have agreed to quash FIRs in Crime Nos. 34 and 35 of 2016 on the file of the first respondent.

5. Considering the nature of allegations and in view of joint memos of compromise dated 28.11.2016, this Court is of the opinion that no useful purpose would be served in keeping the cases pending. Therefore, the case in Crime Nos.34 and 35 of 2016 in respect of the petitioners, are hereby quashed. The petitioners have paid the amount of Rs.50,000/- in the account NO.1016101072796, Canara Bank, Peraiyur Branch, Madurai and cost memo has been filed to that effect.

6. Accordingly, the Criminal Original Petitions are allowed on the basis of the compromise entered into between the parties. The joint compromise memos dated 28.11.2016 shall form part of this order.

Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar Encl:Here in enter the Joint Compromise Memo. To

1. The Inspector of Police, Odaipatti Police Station, Theni District.

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

+1 cc to Mr. D.SHANMUGARAJA SETHUPATHI, ADVOCATE, SR NO.74273 CM MAS/MR-VB:02.02.2017:3P/4C Crl.O.P.(MD).Nos.22094 and 22108 of 2016 30.11.2016