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Madras High CourtCRL OP(MD)/19331/2018allowed

Jeyaraj v. The Deputy Superintendent Of

2018-10-29Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.19331 of 2018 and Crl.M.P.[MD].No.8725 of 2018 Jeyaraj : Petitioner/Accused No.4 (Juvenile conflict-in-law) Vs.

1. The Deputy Superintendent of Police, Aruppukottai Sub Division, Aruppukottai, Virudhunagar.

2. State Through, The Inspector of Police, Mallankinar Police Station, Viruthunagar District.

(in Crime No.49/15) : Respondents No.1 and 2/Complainant 3.Jothi Basu : Respondent No.3/De-facto Complainant 4.Kaleeswaran 5.Ramachandran 6.Ganeshkumar : Respondents No.4 to 6/ Victims/L.W. 4 to 6 PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records of the relating to the proceedings in Crime No.49/2015, on the file of the second respondent and quash the same in respect of petitioner/Accused No.4. For Petitioner : Mr.G.Mariappan For R-1 and R-2 : Mr.S.Bharathi Government Advocate[Crl. side]

ORDER

The Criminal Original Petition has been filed seeking to quash the First Information Report in Crime No.49 of 2015, on the file of the second respondent police.

2. It is seen from records that this Court by an order dated 11.10.2018, has quashed the final report filed insofar as A-1 and A3 are concerned. A bare perusal of the said order would show that https://hcservices.ecourts.gov.in/hcservices/

the de-facto complainant appeared before the Court and had specifically stated that the matter has been settled amicably between the parties. In fact the de-facto complainant had already settled the dispute with A-2 and the First Information Report was quashed insofar as A-2 also. The present petitioner has been arrayed as A-4. This petitioner was juvenile at the time of the alleged occurrence.

3. This Court is of the considered view that no useful purpose will be served by keeping the First Information Report pending insofar as this petitioner is concerned. In view of the fact that the proceedings against the other accused persons have already been quashed by this Court due to the amicable settlement between the parties, this Court deems it fit to quash the First Information Report insofar as this petitioner also.

4. In the result, the First Information Report in Crime No.49 of 2015, pending of the file of the second respondent police is hereby quashed and the Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (Writs) /True Copy/ Sub Assistant Registrar (CS-) To

1. The Deputy Superintendent of Police, Aruppukottai Sub Division, Aruppukottai, Virudhunagar.

2. The Inspector of Police, Mallankinar Police Station, Viruthunagar District.

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

+ 1 CC TO Mr.G.MARIAPPAN, ADVOCATE IN SR No. 93042 SJI TE/SV/SAR-2 : 29/11/2018 : 2P/5C Crl.O.P.[MD].No.19331 of 2018 and Crl.M.P.[MD].No.8725 of 2018 29.10.2018 https://hcservices.ecourts.gov.in/hcservices/