1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH CRL.O.P.(MD).Nos.14329, 14330 & 14337 of 2011 And M.P(MD).Nos.1, 1 & 1 of 2011 Kathiresan : Petitioner in Crl.O.P.(MD).No. 14329/2011 Rajkumar : Petitioner/3rd accused in Crl.O.P.(MD).No.14330/2011 K.Senthilkumar : Petitioner/Sole Accused in Crl.O.P.(MD).No.14337/2011 Vs. 1.State Rep.by the Inspector of Police, District Crime Branch, Trichy. 2.K.Senthil Kumar .. Respondents in Crl.O.P.(MD).No.14329/2011 1.State Rep.by the Sub Inspector of Police, Samayapuram Police Station, Trichy District. ...1st Respondent/Complainant in Crl.O.P.(MD).No.14330/2011 2.K.Senthil Kumar ..2nd Respondent/De-facto complainant in Crl.O.P.(MD).No. 14330/2011 1.State Rep.by the Sub-Inspector of Police, City Crime Branch,Trichy. ...1st Respondent/ Complainant in Crl.O.P.(MD).No. 14337/2011 2.M.Rajesekar ...2nd Respondent/ De-facto complainant in Crl.O.P.(MD).No. 14337/2011 PRAYER in Crl.O.P.(MD).No.14329/2011: Petition is filed under Section 482 of the Criminal Procedure Code to call for the records pertaining to the impugned F.I.R. in Crime No.13 of 2010 on the file of the Inspector of Police, District Crime Branch, Trichy and to quash the same. PRAYER in Crl.O.P.(MD).No.14330/2011: Petition is filed under Section 482 of the Criminal Procedure Code to call for the records relating to the F.I.R. in Crime No.399 of 2010 pending investigation on the file of the first respondent Police and to quash the same. PRAYER in Crl.O.P.(MD).No.14337/2011: Petition is filed under Section 482 of the Criminal Procedure Code to call for the pertaining reliving to the F.I.R. in Crime No.17 of 2011 pending investigation on the file of the First Respondent Police and to quash the same. For Petitioners in Crl.O.P.Nos.1429 & 14330/2011 : Mr.M.R.Sreenivasan https://hcservices.ecourts.gov.in/hcservices/ 2 For Petitioner in Crl.O.P.No.14337/2011:Mr.S.Raja Jeya Chandra Paul For 1st Respondent in all Crl.O.Ps. : Mrs.S.Prabha Govt Advocate (Criminal Side) For 2nd Respondent in Crl.O.P.Nos.14329 & 14330/2011 : Mr.S.Raja Jeya Chandra Paul COMMON ORDER The learned counsel for the petitioners would submit in his argument that the petitioners have come forward with these petitions for quashing the F.I.R. in Crime Nos. 13 of 2010, 399 of 2010 and 17 of 2011. 2. The learned counsel for the petitioners would submit in his argument that the matter was amicably settled between the parties viz., petitioners and the second respondent/de facto complainant. He would further submit in his argument that both the parties viz., the petitioners and the second respondent/de-facto complainant have entered the deed of compromise before the Mediation and Conciliation Centre, attached to this Bench, Madurai. Therefore, it is submitted by the learned counsel for the petitioners that the proceedings pending in Cr.Nos. 13 of 2010, 17 of 2011 and 399 of 2010 respectively before the first respondent of all the petitions, are liable to be quashed. It is submitted that the petitioners and the de-facto complainant/ second respondent are present before this Court today. 3. Mrs.S.Prabha, learned Government Advocate (Crl. Side) appearing for the first respondent would submit in her argument that if the matter is amicably settled between the parties viz., the petitioners and the second respondent/the de-facto complainant and if both the parties have entered the deed of compromise before the Mediation and Conciliation Centre, attached to this Bench, Madurai, suitable orders may be passed. 4. Mr.S.Raja Jeya Chandra Paul, learned counsel appearing for the second respondent in Crl.O.P.Nos.14329 and 14330 of 2011 would submit in his argument that the matter was amicably settled between the parties and the de-facto complainant/ second respondent is also present before this Court today. 5. I have carefully considered the submissions made on all the sides and also perused the report of the Mediation and Conciliation Centre and the compromise deed entered into between the parties. 6. Both the parties viz., the petitioners and the second respondent/de-facto complainant were present in person before this Court and stated that the matter was amicably settled in between https://hcservices.ecourts.gov.in/hcservices/ 3 them. It is seen from the deed of compromise filed by the petitioners and the second respondent as well as the statement made before this Court that in view of the amicable settlement, the second respondent/de-facto complainant is not interested in pursuing the matter further. 7. It is seen that the petitioners have been implicated for the alleged offences as state above. Now the fact remains that both the petitioners and the de-facto complainant/second respondent appeared before this Court and admitted that the matter was amicably settled between them. The offence under Sections 294(b),406,420 and 506(i) IPC are compoundable in nature. 8. In view of the sequence of events and in view of the deed of compromise signed and filed by the petitioners and the second respondent/de facto complainant, I am of the considered opinion that the continuance of the cases registered in Crime Nos. 13 of 2010, 17 of 2011 and 309 of 2011 would be an empty formalities and it would be certainly a futile exercise. Hence, the First Information Report registered against the petitioners in Cr.No. 13 of 2010 on the file of the District Crime Branch, Trichy; Cr.No.17 of 2011 on the file of the City Crime Branch, Trichy; and Cr.No.399 of 2010 on the file of the Sub-Inspector of Police, Samayapuram Police Station, Trichy District, respectively; are hereby quashed. 9. Accordingly, these Petitions are allowed. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To 1.The Inspector of Police, District Crime Branch, Trichy. 2.The Sub Inspector of Police, Samayapuram Police Station, Trichy District. 3.The Sub-Inspector of Police, City Crime Branch, Trichy. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +3cc's to Mr.M.R.Sreenivasan, Advocate, Sr.No.41160, 41161 +1cc to Mr.Raja Jaya Chandra Paul, Advocate, Sr.No.41163 +1cc to Mr.R.Alagumani Advocate, Sr.No.38280 CRL.O.P.(MD).Nos.14329, 14330 & 14337 of 2011 23.11.2011 gsr/sma/30.11.2011/10c/3p https://hcservices.ecourts.gov.in/hcservices/