Thirumeninathan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2023
CORAM:
THE HONOURABLE DR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)Nos.14281 and 14282 of 2023 and Crl.M.P(MD)No.14753 of 2023 Crl.O.P.(MD)No.14281 of 2023 1.Thirumeninathan 2.Vembarasan 3.Ramesh 4.Ramesh @ A.G.Ramesh 5.Ramesh 6.Thangaiya
...Petitioners / Accused No.2 to 5, 7 & 8
Vs.
1.The State of Tamil Nadu, Rep. by the Inspector of Police, Thiruvonam Police Station, Thanjavur District.
(In Crime No.15/2017) ...1st Respondent / Complainant 2.Ajithkumar ...2nd Respondent / Defacto Complainant 1/6
PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in connection with the case in Crime No.15/2017 on the file of the 1st Respondent Police and quash the same and pass such further or other orders of this Court.
For Petitioner :Mr.S.Ashok For Respondent :Mr.M.Sakthi Kumar for R1 Government Advocate (Crl. Side) :Mr.B.Viswanathan for R2 Crl.O.P(MD)No.14282 of 2023 1.Ajithkumar 2.Sankar 3.Kumaresan 4.Karthick 5.Arun 6.Sathishkumar 7.Kalyanasundaram 8.Venkatesan
...Petitioners / Accused No.1 to 3,5,8,9,11 & 12
Vs.
1.The State of Tamil Nadu, Rep. by the Inspector of Police, Thiruvonam Police Station, Thanjavur District.
...1st Respondent / Complainant 2/6
2.Balakrishnan 3.Ramesh @ A.G.Ramesh ...2nd & 3rd Respondents / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in connection with the case in Crime No.16/2017 on the file of the 1st Respondent Police and quash the same and pass such further or other orders of this Court.
For Petitioner :Mr.M.Maruthupandian For Respondent :Mr.M.Sakthi Kumar for R1 Government Advocate (Crl. Side) :Mr.B.Viswanathan for R2 COMMON O RDER These petitions have been filed seeking to quash the impugned FIR in Crime Nos.15 and 16 of 2017 on the file of the 1st respondent police.
2. The contention of the petitioners is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.15 of 2017 for the offences punishable under Sections 147, 148, 341, 294(b), 324, 323 and 506(ii) of IPC and in Crime No.16 of 2017 for the offences 3/6
under Sections 147, 148, 452, 294(b), 324, 506(ii) and 427 of IPC against the petitioners.
3. The further contention of the petitioners is that they compromised the issue with the 2nd respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the 2nd respondent and also by their respective counsels.
4. The petitioners and the 2nd respondent in both the cases appeared before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Additional Public Prosecutor and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded.
5. Considering the totality of the circumstances, the nature of the allegations levelled against the petitioners and also in view of the joint compromise memo, dated 13.10.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further 4/6
proceedings in Crime Nos.15 and 16 of 2017 pending on the file of the 1st respondent police are quashed and the compromise memo is recorded.
6. In the result, the Criminal Original Petitions stand allowed and the entire proceedings in Crime Nos.15 and 16 of 2017, pending on the file of the 1st respondent police, are hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order. Consequently, connected miscellaneous petition stands closed.
13.10.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No pnn To 1.The Inspector of Police, Thiruvonam Police Station, Thanjavur District. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
5/6
G.ILANGOVAN. J.
pnn Crl.O.P.(MD)Nos.14281 and 14282 of 2023 13.10.2023 6/6