Muthulingam vs State on 21 January, 2015

[Cites 4, Cited by 1]

Madras High Court

Muthulingam vs State on 21 January, 2015

Bench: C.T.Selvam

       

  

   

 
 
 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 21.01.2015

CORAM
THE HON'BLE MR.JUSTICE C.T.SELVAM

CRL.O.P.(MD)No.23346 of 2014
and
M.P.(MD) No.1 of 2014

1.Muthulingam
2.Selvam
3.Paul
4.Natarajan	 					   .. Petitioners

           .. Vs ..

1.STATE
  through the Inspector of Police,
  Panakudi Police Station,
  Panakudi,
  Tirunelveli District.
  Crime No.359 of 2013.
2.A.Sudarmani		                       .. Respondents

	 Criminal Original Petition filed under section 482 of the Code of
Criminal Procedure, praying to call for the records pertaining to the charge
sheet in C.C.No.416 of 2014 on the file of the Judicial Magistrate,
Valliyoor, Tirunelveli District and to quash the same.

		
For Petitioner  	: Mr.M.Mohamed Sherbudeen
For 1st Respondent	: Mr.K.Anbarasan
			  Government Advocate (Crl. Side)
For 2nd Respondent	: Mr.D.Srinivasaragavan
- - - - -

:ORDER

This petition has been filed under Section 482 Cr.P.C., praying to call for the records pertaining to the charge sheet in C.C.No.416 of 2014 on the file of the Judicial Magistrate, Valliyoor, Tirunelveli District and to quash the same.

2.Heard the learned counsel for the petitioners, the learned Government Advocate (Criminal side) for the first respondent and also the learned counsel for the second respondent.

3.The petitioners and the defacto complainant are poor villagers, eking out their livelihood by pursuing agriculture. The case in Crime No.359 of 2013 on the file of the first respondent has been registered for offences under Sections 294(b), 427 and 506(i) I.P.C. against the petitioners and informing of their having caused damage to the bore well of the second respondent. Though pursuant to investigation charge sheet has been filed and the case is pending trial in C.C.No.416 of 2014 on the file of the learned Judicial Magistrate, Valliyoor, the parties being persons holding adjacent lands have thought it appropriate to give the issue a quietus and agreed that a sum of Rs.30,000/- is to be paid by the petitioners to the defacto complainant. All the parties were present before this Court on 20.01.2015, on which date a sum of Rs.25,000/- stands paid. Further, Rs.5,000/- has now been paid and the memo of compromise dated 21.01.2015 signed by the petitioners and defacto complainant and also their counsel is filed. Considering the nature of settlement, this Court allows this Criminal Original Petition.

4.Accordingly, the proceedings in C.C.No.416 of 2014 pending on the file of the learned Judicial Magistrate No.1, Valliyoor, Tirunelveli District shall stand quashed. Both the parties are advised not to cause any hindrance to the other and carry out their avocations in the peaceful and harmonious manner given to agriculture. The Memo of Compromise shall form part of the order. Consequently, the connected miscellaneous petition is closed.

21.01.2015 Index : Yes/No Internet: Yes/No sj To

1.The Judicial Magistrate No.1, Valliyoor, Tirunelveli District.

2.The Inspector of Police, Panakudi Police Station, Panakudi, Tirunelveli District.

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

Note: Issue copy on 23.01.2015 C.T.SELVAM, J.

sj CRL.O.P.(MD)No.23346 of 2014 and M.P.(MD) No.1 of 2014 21.01.2015

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