Madras High Court
Razul Rani vs State Represented By on 27 March, 2015
Author: C.T.Selvam
Bench: C.T.Selvam
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2015 CORAM THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.O.P.(MD)Nos.21184 of 2014 & Crl.O.P.(MD)Nos.5306 of 2015 and M.P.(MD).Nos.1 & 2 of 2014 & 1 & 2 of 2015 Crl.O.P.(MD).No.21184 of 2014 1.Razul Rani 2.Hyder Ali Ambalam ... Petitioners/ Accused Nos.1 & 2 Vs. 1.State represented by The Sub-Inspector of Police, Thiruppathur Town Police Station, Sivagangai District. ... 1st respondent/ Complainant 2.Akbar Ali Ambalam ... 2nd respondent/ Defacto complainant PRAYER Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, praying to call for the records relating to the charge sheet in P.R.C.No.56 of 2013 on the file of the District Munsif cum Judicial Magistrate, Thiruppathur, Sivagangai District and quash the same. !For Petitioners : Mr.S.Kameswaran For 1st respondent : Mr.K.Anbarasan Govt. Advocate (Crl.side) For 2nd respondent : Mr.C.Bethanasamy Crl.O.P.(MD).No.5306 of 2015 1.Akbar Ali Ambalam 2.Siddhiq @ Muhammed Ushen Ambalam 3.Liyagath Ali Ambalam 4.Sheik Abdulla 5.Dilip Ushen ... Petitioners/ Accused Nos.1 to 5 Vs. 1.State represented by The Sub-Inspector of Police, Thiruppathur Town Police Station, Sivagangai District. ... 1st respondent/ Complainant 2.Razul Rani ... 2nd respondent/ Defacto complainant PRAYER Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, praying to call for the records relating to the charge sheet in P.R.C.No.55 of 2013 on the file of the District Munsif cum Judicial Magistrate, Thiruppathur, Sivagangai District and quash the same. !For Petitioners : Mr.C.Bethanasamy ^For 1st respondent : Mr.K.Anbarasan Govt. Advocate (Crl.side) For 2nd respondent : Mr.S.Kameswaran :COMMON ORDER
The petitioners in Crl.O.P.(MD).No.21184 of 2014, who stand accused Nos.1 & 2 of offences under Sections 341, 324, 323 & 427 of IPC @ 341, 324, 323, 427 of IPC and 3 of TNPPDL Act, seek quash of the proceedings in P.R.C.No.56 of 2013 on the file of the District Munsif cum Judicial Magistrate Court, Thirupathur, Sivagangai District.
2.The petitioners in Crl.O.P.(MD).No.5306 of 2015, who stand accused Nos.1 to 5 of offences under Sections 147, 148, 324, 323, 427 of IPC and Section 3 of TNPPDL Act, seek quash of the proceedings in P.R.C.No.55 of 2013 on the file of the District Munsif cum Judicial Magistrate Court, Thirupathur, Sivagangai District.
3.The petitioners and defacto complainant in both petitions are related and they filed cases against each other.
4.When the matters were taken up for hearing, both parties are present and Joint Compromise Memos have been filed, entered into on 16.03.2015 between the petitioners and the second respondent/de-facto complainant in both petitions. The defacto complainants have also filed separate Supporting Affidavit. The same reflects the settlement of dispute between the parties.
5.Considering the facts and circumstances of the case and also considering the relationship between the parties, this Court accepts the compromise memos signed by both parties viz., the petitioners in both petitions and the second respondent/de-facto complainant in both petitions as well as their respective counsel. Accordingly, these Criminal Original Petitions are allowed and the proceedings in P.R.C.Nos.55 & 56 of 2013 on the file of the District Munsif cum Judicial Magistrate, Thiruppathur, Sivagangai District shall stand quashed. The Joint Memos of Compromise and Supporting Affidavits shall form part of the records. Consequently, connected miscellaneous petitions are closed.
27.03.2015 Index : yes / No Internet: Yes / No gcg/pjl To
1.The District Munsif cum Judicial Magistrate, Thiruppathur, Sivagangai District.
2.The Sub-Inspector of Police, Thiruppathur Police Station, Sivagangai District.
3.The Addl. Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
C.T.SELVAM,J.
gcg Crl.O.P.(MD)Nos.21184 of 2014 & 5306 of 2015 27.03.2015