Madras High CourtCRL OP(MD)/11231/2020allowed

Ramu @ Ramanathan v. The Deputy Superintendent Of Polilce

2020-10-13Honourable Mrs Justice R. Hemalatha2 pages

Crl.O.P(MD)No.11231 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.11231 of 2020 1.Ramu @ Ramanathan 2.Senthil @ Senthil Kumar 3.Sangupandi 4.Ranjih @ Ranjith Kumar 5.Kumar @ Udhaya Kumar ... Petitioners / Accused Nos 1 to 5 Vs 1.The Deputy Superintendant of Police, Manamadurai Sub Division, Sivagangai District.

... 1st Respondent/Investigating Officer 2.The State Represented by The Inspector of Police, Manamadurai Police Station, Sivagangai District.

(Crime No.150 of 2020) ... 2nd Respondent / Complainant 3.Sekar ... 3rd Respondent / Defacto complainant 4.Jeya ... 4th Respondent / Victim PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records and quash the FIR in Crime No.150 of 2020 dated 03.04.2020 on the file of the Inspector of Police, Manamadurai Police Station, Sivagangai District, pursuant to the compromise arrived at by the parties.

For Petitioners :

Mr.R.Ilayaraja For Respondents :

Mr.M.V.Chandrasekaran, Government Advocate for R1 & R2.

Mr.R.Napolean for R3 & R4.

O R D E R

Heard the learned counsel on either side.

2.The defacto complainant/Sekar is present before this Court through video conferencing. Sekar has categorically told to this Court that he has no objection for quashing the FIR. But then, the defacto complainant had received a sum of Rs.25,000/- as compensation from the Government. This amount has to be refunded. It is undertaken by the learned counsel for the petitioners/A1 to A5 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.11231 of 2020 that the said amount of Rs.25,000/- will be deposited before the jurisdictional Special Court within a period of four weeks from the date of receipt of a copy of this order. On such deposit, the learned Special Judge will arrange to remit the said amount to the concerned account of the district administration. It is for the learned Special Judge to coordinate in this regard. 3.Recording the said undertaking, the impugned FIR is quashed. I make it clear that if the deposit as undertaken before this Court is not made, the order now passed will have no effect and the investigation officer will have to proceed in accordance with law thereafter. The criminal original petition is allowed accordingly.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) ias NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Deputy Superintendant of Police, Manamadurai Sub Division, Sivagangai District.

2.The Inspector of Police, Manamadurai Police Station, Sivagangai District.

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

+1 CC to M/s.R. ILAYARAJA, Advocate ( SR-20084[F] dated 14/10/2020 ) Crl.O.P(MD)No.11231 of 2020 13.10.2020 SE(CO) AP(22/10/2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2