Moovendran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.10.2023

CORAM:

THE HONOURABLE DR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)Nos.16697 and 16701 of 2023 Crl.O.P.(MD)No.16697 of 2023 1.Moovendran 2.Selvam @ Selvaraj 3.Ponraj 4.Kanagaraj 5.Marimuthu 6.Pathirakali 7.Karthik 8.Sankar 9.Ondimuthu @ Periyamuthu 10.Ramaraj 11.Balakrishanan @ Mayakrishnan 12.Ragu @ Ragupathy 13.Solaimalai

...Petitioners / Accused Nos.1 to 13

Vs.

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1.The State rep. by its, The Inspector of Police, (In Crime No.314/2023) ...1st Respondent / Complainant 2.Navarasu ...2nd Respondent / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating to Crime No.314/2023 on the file of the 1st Respondent and quash the same.

For Petitioner :Mr.C.Ramamurthy For Respondent :Mr.M.Sakthi Kumar for R1 Government Advocate (Crl. Side) :Mr.N.Mohan for R2 Crl.O.P.(MD)No.16701 of 2023 1.Magudeeshwaran 2.Sabarinath 3.Murasoli @ Murasoli Kannan 4.Navarasu 5.Sathishkumar 6.Maniyan @ Manikandan 7.Suntharesan

...Petitioners / Accused Nos.1 to 7

Vs.

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1.The Deputy Superintendent of Police, Palani, Dindigul District.

2.The State rep. by its, The Inspector of Police, (In Crime No.313/2023) ...1st & 2nd Respondent / Complainant 3.Moovendran ...3rd Respondent / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating to Crime No.313/2023 on the file of the 1st Respondent and quash the same.

For Petitioner :Mr.N.Mohan For Respondent :Mr.M.Sakthi Kumar for R1 Government Advocate (Crl. Side) :Mr.C.Ramamurthy for R2 O RDER This petition has been filed seeking to quash the impugned FIR in Crime Nos.313 and 314 of 2023 on the file of the 1st respondent police. 3/6

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.313 of 2023 for the offences punishable under Sections 147, 341, 294(b), 323 and Section 4 of TNPWH Act read with 3(1)(t), 3(1)(r), 3(1)(s), 3(2) (va) of SC/ST POA Act, 1989, and in Crime No.314 of 2023 for the offences punishable under Sections 147, 341, 294(b), 324 and 506(ii) of IPC, against the petitioners.

3. The further contention of the petitioners is that they compromised the issue with the 2nd respondent in both cases, amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the 2nd respondent in both cases and also by their respective counsels.

4. The petitioners and the 2nd respondent in both 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. 4/6

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 04.10.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in Crime Nos.313 and 314 of 2023 pending on the file of the 1st respondent police is quashed and the compromise memo is recorded.

6. In the result, these Criminal Original Petitions stand allowed and the entire proceedings in Crime Nos.313 and 314 of 2023, 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. 19.10.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No pnn 5/6

G.ILANGOVAN. J.

pnn To 1.The Inspector of Police, (In Crime No.314/2023) 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)Nos.16697 and 16701 of 2023 19.10.2023 6/6