On the complaint lodged by the second respondent, the first respondent police registered a case in Crime No.449 of 2012 and after completing the investigation, has filed a final report in P.R.C.No.14 of 2016, before the learned Judicial Magistrate, Illayangudi, for offences under Sections 147, 148, 323, 324, 326, 506(ii) and 307 of the Indian Penal Code against the petitioners herein, for quashing which, the petitioners and the defacto complainant are before this Court on the ground that they have arrived at a compromise.
2. The defacto complainant is present and he was identified by his counsel Mr.S.Ramakrishnan, Enrolment No.3570/2016. Except petitioner No.5, the other petitioners are present and they were identified by their Counsel Mr.K.P.S.Palanivel Rajan, Enrolment No.294/1997.
3. The learned counsel for the petitioners fairly brought to the notice of this Court that the ninth petitioner-Rahuman had died on 07.01.2017 and inadvertently, his name has been included in the cause-title.
4. Under normal circumstances, a final report filed under
Section 307 of the Indian Penal Code cannot be quashed in a routine manner on the ground that the parties have arrived at a compromise. However, in this case, on a reading of the final report, it is seen that there was a dispute in the election to the Jamath, in which, chairs were thrown at each other by rival groups. That apart, the nature of injury suffered by the victim is not very serious. The statement of Dr.K.Naganathan shows that one of the victims ran away from the hospital and another victim suffered simple injuries. Of course, the injury with regard to the victim is grievous, but, he has suffered injuries not on the vital parts. That apart, the petitioner Nos.13,14 and 15 are womenfolk.
5. The petitioners and the second respondent have filed a joint compromise memo dated 17.03.2017, wherein, it is stated as follows:
"3.They submit that elders of the Villagers advised both parties to go friendly and forgive the mistakes each other and advised to develop good harmony each other. At the advise of the elders, there was a compromise talk went on and as per the village elders and relatives advice both parties came to a compromise. On that basis of the compromise, the second respondent expressed and willing to withdraw the criminal proceeding being against the petitioners and he does not want to prosecute the case further more and want a peaceful atmosphere and develop harmony among ourselves. "
6. Taking into consideration the nature of the injury suffered by the victim and that apart, as against the defacto complainant and others, a counter case was registered in Crime No.448 of 2012 for similar offences and that had resulted in filing of a charge sheet in P.R.C.No.7 of 2014, which has been quashed by this Court in Crl.O.P.(MD)No.3352 of 2017 and also in view of the joint compromise memo dated 17.03.2017, this petition is allowed and the entire proceedings in P.R.C.No.14 of 2016 pending on the file of the learned Judicial Magistrate, Illayangudi, Sivagangai District, in respect of all the accused including those who are not before this Court are hereby quashed. The joint compromise memo dated 17.03.2017 shall form part of this order.
7. At the instance of the learned counsel for the petitioners, the petitioners themselves voluntarily came forward to contribute some amount for the purpose of removal of Karuvelam Trees.
8. Accepting the submission, the petitioners are directed to pay a sum of Rs.500/- (Rupees Five Hundred only) each, to the credit of Indian Bank Savings Account No.6514082295, operated by the Registrar (Administration), Madurai Bench of Madras High Court, Madurai, for the purpose of removal of Karuvelam Trees, within a period of two weeks from today. After making payment, a copy of the challan shall be furnished to the Registrar (Administration), Madurai Bench of Madras High Cour, Madurai.
9. Post the matter on 06.04.2017 "for reporting compliance".
To:
1.The Judicial Magistrate, Illayangudi, Sivagangai District.
2.The Inspector of Police, Illayangudi Police Station, Sivagangai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai..