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Madras High CourtCRL OP(MD)/632/2019disposed of

Nepolion v. The Inspector Of Police

2021-12-03Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.12.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.OP(MD)No.632 of 2019 & Crl.MP.(MD)No.298 of 2019 and W.P.(MD)No.20732 of 2018 & WMP(MD)No.18478 of 2018 Crl.OP(MD)No.632 of 2019 1.Nepolion 2.A.Jackson 3.Jerolod 4.Akash 5.Greeton 6.Rajan 7.Upalt ... Petitioner/Accused No.1 to 7 vs.

1.The Inspector of Police, Thiruchendur, ... Respondent/Complainant 2.Rajan ... Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the FIR quash in Crime No.345 of 2018 on the file of the Respondent No.-1 and quash the same.

For Petitioner : Mr.Arul Vadivel @ Sekar For R1 : Mr.R.Sivakumar Government Advocate (Crl.Side) W.P.(MD)No.20732 of 2018 Jackson ... Petitioner Vs.

1.The Home Secretary, Government of Tamil Nadu, St.George Fort, Secretariat, Chennai - 9.

2.The District Collector, Thoothukudi District, Thoothukudi.

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3.The Revenue Divisional Officer, Tiruchendur Division, 4.The Deputy Superintendent of Police, Tiruchendur Division, 5.The Inspector of Police, Tiruchendur Taluk Police Station, Tiruchendur, 6.Mr.Raveendran 7.Mr.Selvaraj 8.Mr.Kalaiselvan 9.Mr.Thasnevis 10.Mr.Sebastin 11.Mr.Glaston ... Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 5, to take appropriate action against the respondents 6 to 11 and their men on the basis of the petitioner's representation, dated 22.09.2018.

For Petitioner : Mr.S.M.A.Jinnah For R1 to R5 : Mr.R.Sivakumar Government Advocate (Crl side) For R6 to R11 : Mr.P.R.Prithiviraj COMMON O R D E R Crl.OP(MD)No.632 of 2019 is filed seeking quashment of FIR in Crime No.345 of 2018, on the file of the first respondent police.

2. WP(MD)No.20732 of 2018 is filed seeking direction to direct the respondents 1 to 5 to take appropriate action against the respondents 6 to 11 and their men, on the basis of the petitioner's representation, dated 22.09.2018.

3. Both the matters were taken up for hearing on 23.11.2021, it was submitted by the private respondent that the matter has been amicably settled between the parties and now, there is no 2/4

trouble between them and the learned counsel for the petitioner seeks time to get instruction with regard to the above said submission made by the private respondent.

4. When the matter are taken up for hearing today, the counsel on record in Crl.OP(MD)No.632 of 2019 would submit that he is going to file change of vakalat. But, he is on record. 5.In WP(MD)No.20732 of 2018, by the order dated 03.10.2018, a direction was given to the third respondent namely, the Revenue Divisional Officer, Thiruchendur, to convene peace committee meeting between the parties and file a report and a direction was also given to the petitioner to offer prayers in church. The respondent police was also directed to ensure that the directions of this Court are strictly complied with and take action against the persons, who tries to create any law and order problem.

6. In pursuance of the above said direction, peace committee meeting was convened, on 10.10.2018, at about 03.00 p.m and during the course of peace committee meeting, both the parties have participated and amicable settlement has been reached between the parties and both sides have given an undertaking that not to make any trouble each other and also make in peace in that area.

7. A report of the peace committee meeting has also been submitted to this Court, on 25.10.2018. Since peace committee meeting was convened between the parties and resolution has been taken to make peace, First Information Report, that has been registered, on the basis of the complaint, given by the private respondent may also be closed by the first respondent in Crl.OP (MD)No.632 of 2019.

8. In view of the above said peace committee meeting resolution, both the petitions have become infructuous. Accordingly, the Criminal Original Petition is dismissed as infructuous. Consequently, the connected miscellaneous petition is closed and the Writ Petition is dismissed as infructuous. Consequently, the connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) dss 3/4

To 1.The Inspector of Police, Thiruchendur, 2.The Home Secretary, Government of Tamil Nadu, St.George Fort, Secretariat, Chennai - 9.

3.The District Collector, Thoothukudi District, Thoothukudi.

4.The Revenue Divisional Officer, Tiruchendur Division, 5.The Deputy Superintendent of Police, Tiruchendur Division, 6.The Inspector of Police, Tiruchendur Taluk Police Station, Tiruchendur, 7.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/S.D.SADIQ RAJA, Advocate SR-37674 dated 07/12/2021 Crl.OP(MD)No.632 of 2019 & Crl.MP.(MD)No.298 of 2019 and W.P.(MD)No.20732 of 2018 & WMP(MD)No.18478 of 2018 03.12.2021 RK(21/12/2021) 4P 9C 4/4