E. Sugumaran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.09.2019
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
1. E.S.Sugumaran
2. S.Niksan
3. A.Mani
4. S.Isakkipandian
5. C.Murugan
6. P.Daniel
7. A. Nallaperumal ... Petitioners 1 to 7/Accused Nos.2 to 8
8. L.Sevugaperumal ... 8th Petitioner/10th Accused Vs.
1.State rep. by The Inspector of Police, District Crime Branch Tirunelveli District ... 1st Respondent/Complainant 2.K.Subramanian ... 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records pertaining to the charge sheet in C.C. No. 3 of 2013 on the file of the Special Court for Land Grabbing cases, Tirunelveli in Crime No. 9 of 2007 on the file of the first respondent police and quash the same as against the petitioners concerned.
For Petitioners : Mr.D.Deepamathi For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side) For R-2 : M/s.J.Balameenakshi
ORDER
The Criminal Original Petition has been filed to quash the proceedings in C.C. No. 3 of 2013 on the file of the Special Court for Land Grabbing cases, Tirunelveli, for an alleged offences under Sections 465,467,468,470,471 r/w.120(b) of IPC. 1/3
2.The case is under trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.
3.A Joint Memo of Compromise has been filed before this Court which have been signed by the petitioners and the second respondent and also by their respective counsel. The petitioners and the second respondent were also present in person before this Court and they were identified by Mr.Arunachala Murugan, SI of Police. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.
4. Under such circumstances, no useful purpose will be served in keeping the First Information Report pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the proceedings in C.C.No.3 of 2013 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C. No. 3 of 2013 on the file of the Special Court for Land Grabbing cases, Tirunelveli , is quashed and the terms of affidavit of the defacto complainant which shall form part and parcel of this order. The petitioners shall pay a sum of Rs.
5000/- (Rupees Five Thousand only) as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry), within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry.
Xerox copy of the Joint Compromise Memo To
1. The Special Judge for Land Grabbing cases, Tirunelveli
2. The Inspector of Police, District Crime Branch Tirunelveli District 2/3
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to:
The Section Officer, Accounts Section, Madurai Bench of Madras High Court, Madurai.
+8 CC to M/s.D.DEEPAMATHI, Advocate ( SR-86675[F] dated 13/09/2019 ) +1 CC to M/s.J.BALAMEENAKSHI, Advocate ( SR-86676[F] dated 13/09/2019 ) 12.09.2019 aav JMN(25.09.2019) 3P : 14C 3/3