← Library
Madras High CourtCRL OP(MD)/22539/2016allowed

Anitha R.Sivanantham v. The Inspector Of Police,

2016-12-02Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD)No.22539 of 2016 1.Anitha R.Sivanantham 2.P.S.Kanniraj 3.A.Jeyasingarayan

...Petitioners

Vs.

1.The Inspector of Police, South Gate Police Station, Madurai City, Madurai.

(In Crime No.441 of 2016) 2.A.Balamanikandan

...Respondents

Prayer: Petition is filed under Section 482 of Cr.P.C., to call for the records in connection with the crime No.441 of 2016 on the file of the 1st respondent and quash the same against the petitioners.

For petitioners :Mr.B.Chandramohan For R-1 :Mr.K.Anbarasan, Government Advocate(Crl. Side) For R-2 : Mr.R.Gandhi

O R D E R

This petition is filed to quash the F.I.R in Crime No.441 of 2016 on the file of the 1st respondent.

2. It is seen that the case has been registered against the petitioners for the offences under Sections 147, 294(b), 342, 448, 506(i) and 379 of I.P.C

3. When the matter came up for hearing on 01.12.2016, the petitioners and the second respondent, appeared in person and their identifications were also verified by this Court, in addition to the confirmation of the identity of the parties by the learned Government Advocate (Crl.Side) through the respondent police and the learned counsel appearing for the petitioners submitted that the matter is now compromised out of the court and the petitioner is willing to donate a sum of Rs.40,000/- to School Management Committee, Panchayat Union Primary Schoo, Saptur Village and the defacto complainant had no objection to quash the F.I.R., and in view of the same, the petitioners were permitted to pay the said amount to the said School and the matter was directed to be listed for reporting compliance.

https://hcservices.ecourts.gov.in/hcservices/

4. Today, when the matter is taken up for hearing, it is represented by the learned counsel for the petitioners that as agreed by the petitioner, a sum of Rs.40,000/- has been paid to the above said school and a joint compromise memo, dated 02.12.2016 signed by both parties and their respective counsel has also been produced before this Court.

5. This Court is of the view that since the parties have arrived at an amicable settlement by way of compromise among themselves and the defacto complainant has no objection to quash the F.I.R in crime No.441 of 2016 on the file of the first respondent insofar as the petitioners are concerned, no useful purpose would be served in keeping the matter pending.

6. Accordingly, this Criminal Original Petition is allowed and the F.I.R in crime No.441 of 2016 on the file of the first respondent, is hereby quashed, insofar as the petitioners are concerned. The joint compromise memo shall form for part of this order.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai-23.

To 1.The Inspector of Police, South Gate Police Station, Madurai City, Madurai.

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

+1cc to M/s.R.Gandhi, Advocate in SR.79166 Crl.O.P.(MD)No.22539 of 2016 02.12.2016 pm PBK 27/12/2016 ::2P-4C:

https://hcservices.ecourts.gov.in/hcservices/