1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2011 CORAM: THE HONOURABLE MR.JUSTICE R.S.RAMANATHAN Crl.O.P.(MD).Nos.2914 & 2921 of 2011 Crl.O.P.No.2914 of 2011 1)C.S.Albin 2)C.S.Algin 3)Chindu @ Chidu Prasad 4)Nitin Thomas 5)G.S.Anand 6)Shiva @ S.N.Shiva Prasad 7)S.K.Anoop ..Petitioners/Accused No.1 to 7 Vs. 1.State Rep. by The Inspector of Police, Thuckalay Police Station, Kanyakumari District. ..1st Respondent/Complainant 2.Sebin @ Sebin Jose ..2nd Respondent/Defacto Complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records in Crime No.889 of 2010 dated 22.10.2010, on the file of the first respondent police and quash the same. For Petitioners : Mr.B.Brijesh Kishore For Respondents :Mrs.S.Devasena Govt. Advocate (Crl.side) Crl.O.P.No.2921 of 2011 1)Aswin Suresh 2)Ahammed @ Ahammed Abdul Jabbar 3)Sebin Jose 4)Koshy Jacob @ Koshy Malayil Jacob 5)A.Arjun 6)Rahul @ Rahulnath ..Petitioners/Accused Nos.1 to 5 & 7 7)Shajin Sharaf ..7th Petitioner/Accused Rank Not Known Vs. 1.State Rep. by The Inspector of Police, Thuckalay Police Station, Kanyakumari District. ..1st Respondent/Complainant 2.C.S.Albin ..2nd Respondent/Defacto Complainant https://hcservices.ecourts.gov.in/hcservices/ 2 Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records in Crime No.885 of 2010 on the file of the first respondent police and quash the same. For Petitioners : Mr.C.Peter Kanish Kumar For Respondents : Mrs.S.Devasena Govt. Advocate (Crl.side) COMMON ORDER On the complaint given by one Sebin Jose, a case was registered in Crime No.889 of 2010 by the first respondent against the petitioners in Crl.O.P.No.2914 of 2011 for offences under Sections 147, 148, 341, 294(b), 324, 323 and 506(ii) I.P.C. In respect of the same incident another case was registered on the complaint given by C.S.Albin in Crime No.885 of 2010 for offences under Sections 147, 148, 294(b), 324, 323 and 506(ii) I.P.C. against the petitioners in Crl.O.P.No.2921 of 2011 and these two Crime Numbers are sought to be quashed in this two petitions. 2.The de-facto complainants are present and they also agreed that they have settled the matter. 3.It is submitted by the learned counsel for the petitioners that the first petitioner in Crl.O.P.No.2914 of 2011 is the de-facto complainant in Crime No.885 of 2010 and the third petitioner in Crl.O.P.No.2921 of 2011 is the de-facto complainant in Crime No.889 of 2010. 4.According to the learned counsel for the petitioners, the de-facto complainants have not stated before the police about the criminal intimidation made by the accused and the allegations were inserted in the statement made by the de-facto complainants by the police and cases were registered for offence under Section 506(ii) I.P.C. The parties also filed the affidavits stating that they have not stated so in the complaint about the intimidation given by the accused persons. 5.The learned Government Advocate (Crl.side) submitted that the investigation is in progress and the parties have settled the matter among themselves. https://hcservices.ecourts.gov.in/hcservices/ 3 6.Considering the fact that the parties have settled the differences between them and except 506(ii) I.P.C. all other offences are compoundable in nature and the de-facto complainants have also filed the affidavits stating that no such allegations were made by the accused warranting Section 506(ii) I.P.C. 7.Considering the aforesaid facts, the proceedings in Crime No.889 of 2010 and Crime No.885 of 2010, on the file of the respondent police are hereby quashed. Accordingly, this criminal original petitions are quashed. Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar To 1.The Inspector of Police, Thuckalay Police Station, Kanyakumari District. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.B.Brijesh Kishore, Advocate SR.No.5828 +1cc to Mr.K.C.Peter Kanish Kumar, Advocate SR.No.5829 am akm/14.03.11 /3p-5c/ Crl.O.P.(MD)Nos.2914 & 2921 of 2011 10.03.2011 https://hcservices.ecourts.gov.in/hcservices/