Madras High CourtCRL OP(MD)/9715/2018disposed of

Raghuraman v. The Sub Inspector Of Police

2018-06-26Honourable Mr Justice D. Krishnakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.06.2018

CORAM

THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR Crl.O.P.(MD) No.9715 of 2018 1.Raghuraman 2.Ashok Kumar 3.Manthiramoorthy 4.Boopathy Sankar .. Petitioners vs.

1. The State rep.by Sub Inspector of Police, West Police Station, Kovilpatti, Thoothukudi District, Crime No.915 of 2015.

2. Krishnakumar .. Respondents Petition is filed under Section 482 of Code of Criminal Procedure to call for the entire records in relating to the charge sheet in J.C.No.57 of 2016 on the file of the learned Juvenile Justice Board, Thoothukudi and to quash the same. For Petitioners : Mr.N.Ramesh Arumugam For R1 : Mr.Prabhu Ramachandran Government Advocate (Crl.Side) For R2 : Mr.R.Kathiresaperumal

O R D E R

This petition has been filed seeking to quash the charge sheet filed in J.C.No.57 of 2016 on the file of the Juvenile Justice Board, Thoothukudi.

2.On the complaint lodged by the second respondent herein, the first respondent police has registered a case in Crime No.917 of 2015 for the offence punishable under Sections 147, 341, 294(b), 323 IPC against the petitioners herein. After completing investigation, the first respondent has filed charge sheet and the same has been taken on file in J.C.No.57 of 2016 by the Juvenile Justice Board, Thoothukudi and for quashing the same, the petitioners and the defacto complainant are before this Court on the ground that they have arrived at a compromise.

3.Today, when the matter is taken up for hearing, Mrs.S.Ankuthai, Sub Inspector of Police West Police Station, Kovilpatti, Thoothukudi District, is present. The petitioners and the second respondent appeared in persons and their identifications were also verified by this Court, in addition to the confirmation of the identity of the parties by the Government Advocate (Crl.Side) through the respondent Police, namely, Mrs.S.Ankuthai, Sub Inspector of Police West Police Station, Kovilpatti, Thoothukudi District. Learned counsel appearing for the parties also endorsed the identify of their respective parties.

4.The parties have filed a joint memo of compromise on 12.06.2018, wherein, it is stated as follows: "3.It is most respectfully submitted that during the pendency of the above criminal case, out of the intervention of the village elders and friends of the petitioners and the 2nd respondent they entered into compromise and they settled their dispute amicably. Since both the petitioners and defacto complainant were minors at the time of commission of the alleged offence, the case is pending at Juvenile Justice Board. Now the petitioners and defacto complainant attained majority. Therefore, the 2nd respondent is hereby consented to quash the criminal case in J.C.No.57 of 2016 on the file of the Juvenile Justice Board, Thoothukudi."

5.Considering the nature of allegations and also considering the joint memo of compromise filed on 12.06.2018, this Court is of the opinion that no useful purpose would be served in keeping the matter pending. Therefore, this petition is allowed and the entire proceedings in J.C.No.57 of 2016 pending on the file of the Juvenile Justice Board, Thoothukudi in respect of the petitioners/accused Nos.1 to 4 are hereby quashed. The joint compromise memo filed on 12.06.2018 shall form part of this order. 6.This Court, while disposing of CRP (NPD) No.1643 of 2010 on 20.06.2018 [D.Govindasamy Vs. L.

Ganesh Naidu (Deceased) and 2 others, directed the Member Secretary, Tamil Nadu State Legal Services Authority, Chennai to open a separate account under the head "Environmental Fund", so as to receive the amounts to be awarded as costs by various courts under this head, for making use of the same for the purposes mentioned therein. 7.In this case, the learned counsel appearing for the petitioners submitted that the petitioners are willing to contribute some amount to the District Legal Services Authority, Pudukottai under the Head "Environmental Fund" to preserve the environment. Hence, each petitioner is directed to remit a sum of Rs.

Legal Services Authority, Pudukottai District, who shall receive the said amount as "Environmental Fund" and make use of the said amount for the purposes mentioned in the abovesaid order in CRP (NPD) No.1643 of 2010 on 20.06.2018 [D.Govindasamy Vs. L.Ganesh Naidu (Deceased) and 2 others]. A report in this regard shall be sent by the District Legal Services Authority, Pudukottai District to the Member Secretary, Tamil Nadu State Legal Services Authority, Chennai, mentioning clearly the amounts spent towards the purposes mentioned in the above order and the balance amount left etc., Encl.: Xerox copy of Compromise Memo Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To

1. The Juvenile Justice Board, Thoothukudi.

2. The Sub Inspector of Police, West Police Station, Kovilpatti, Thoothukudi District,

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

4. The Member Secretary, Tamil Nadu State Legal Services Authority, Chennai.

5. The District Legal Services Authority, Pudukottai District.

+ 1 CC TO Mr.M.S.JEYAKARTHIK, ADVOCATE IN SR No. 69910 MJ TE/SKN-RSK/SAR-4 : 06/07/2018 : 3P/7C Crl.O.P.(MD) No.9715 of 2018 26.06.2018