Madras High CourtCRL OP(MD)/8933/2017allowed

Ranadeev @ Ranadhive v. The Inspector Of Police

2017-07-14Honourable Mr Justice S.S. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD) Nos.8933 & 8934 of 2017 CRL.O.P.(MD)No.8933 of 2017

1. Ranadeev @ Ranadhive

2. Jeevantntham @ Jeevanantham

3. Veerakumar

4. Satheeh @ Satheesh

5. Mahadhevan @ Jeevanantham

6. Kalidoss ... Petitioners/Accused Nos.1 to6 Vs.

1. State rep.by The Inspector of Police, Taluk Police Station, Palani, Dindigul District.

(In Crime No.145 of 2017) ... 1st Respondent/Complainant

2. Vignesh ... 2nd Respondent/Defacto Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records relating to the First Information Report in Crime No.145 of 2017 on the file of 1st respondent police and quash the same.

CRL.O.P.(MD)No.8934 of 2017 1.Vignesh 2.Rajkumar 3.Santhanakumar @ Chandrakumar 4.Tamil Selvan 5.Chinnadurai @ Kannuchamy 6.Magudeeswaran ... Petitioners/Accused No.1 to 6 -Vs

1. State rep by The Inspector of Police, Taluk Police Station, Palani, Dindigul District.

(In Crime No.146 of 2017) ...1st Respondent/Complainant

2. Ranadeev @ Ranadhive ... 2nd Respondent/Defacto Complainant

Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records relating to the First Information Report in Crime No.146 of 2017 on the file of 1st respondent police and quash the same.

(In all Crl.O.Ps) For Petitioners :

Mr.P.Mahendran For R-1 :

Mr.K.Anbarasan, Government Advocate(Crl.side).

For R-2 : Mr.R.Jegadeeswaran *** COMMON O R D E R These Criminal Original petitions are filed for quashing the First Information Reports in Crime Nos.145 and 146 of 2017 on the file of the first respondent police.

2. Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Criminal side) appearing for the first respondent and the learned counsel appearing for the second respondent.

3. The petitioners in Crl.O.P.(MD)No.8933 of 2017 are the accused Nos.1 to 6 in Crime No.145 of 2017 and the petitioners in Crl.O.P(MD)No.8934 of 2017 are the accused Nos.1 to 6 in Crime No.146 of 2017. This is a case and counter. The first petitioner/accused in Crl.O.P.(MD)No.8933 of 2017 is the defacto complainant in Crime No.146 of 2017 and the first petitioner/accused in Crl.O.P.(MD)No.8934 of 2017 is the defacto complainant in Crime No.145 of 2017. Both the cases were registered in Crime Nos.145 and 146 of 2017 for the offences under Sections 147, 294(b), 323, 506(i) I.P.C., and Section 3(1) of TNPPDL Act, by the first respondent police. The case and counter in the above cases in Crime Nos.145 and 146 of 2017 is stated to be in connection with wordy quarrel between the petitioners and the defacto complainants.

4. However, it is stated that on the advise of the elders and family members of the petitioners in the respective cases, the petitioners and the defacto complainants in both the cases have entered into a compromise. They have filed the present petition on the basis of the compromise memos entered into between them, on 11.07.2017. The compromise memos were signed by the parties concerned and the respective counsel for the petitioners as well as the defacto complainants.

5. In both the cases, the petitioners and the defacto complainants appeared before this court and they have expressed in unequivocal terms that the Joint Compromise Memos were signed by them on their own will and volition. The defacto complainant in the respective compromise memos, have admitted that they do not want to proceed with the case in view of the compromise and the matter is settled between the parties amicably outside Court. The identity of all the parties concerned are verified with reference to the authenticated documents produced by the respective parties before this Court. The identity of the parties concerned are also confirmed by the learned Government Advocate(Criminal side) through the first respondent police.

6. In the above circumstances, this Court is of the view that no useful purpose will be served by keeping this matter pending. Hence, the Criminal Original petitions are allowed and the First Information Reports in Crime Nos.145 and 146 of 2017 on the file of the first respondent police are quashed in toto on the basis of the compromise memos signed by the parties concerned before this Court and the Joint Compromise Memos signed by the parties shall form part of the order.

Sd/- Assistant Registrar(CS-III) / True Copy / Sub Assistant Registrar(C.S.) To Joint compromise memo xerox copies are enclosed The Inspector of Police, Taluk Police Station, Palani, Dindigul District.

+1cc to MR.P.MAHENDRAN, Advocate SR.No.65578 +1cc to MR.R.JEGADEESHARAN, Advocate SR.No.65577 pmu MAS/GT/SAR2:25.07.2017:2P-4C CRL.O.P.(MD) Nos.8933 & 8934 of 2017 14.07.2017