On the complaint given by Alagumalai, the 1st respondent Police registered a case in Crime No.4 of 2017 on 07.01.2017, for offences under sections 288 and 304(A) of IPC against Mani and Sikkanan, for quashing which, the accused and the defacto complainant are before this Court on the ground that they have arrived at a compromise.
2. Heard the learned counsel for the petitioner and the learned counsel for the respondents.
3.Mr.A.Subburaj The Special Sub Inspector of Police present before this Court, today.
4.In the normal circumstances, an FIR under
Section 304(A) IPC cannot be quashed, because it relates to the death of a person.
5.Therefore, this Court examined the allegations in the FIR in order to find out, if there are any prima facie materials for prosecuting the accused herein. On a reading of the FIR, it is seen that Mani(A1) is the owner of the property, in which, he has a Well. The motor pump in the Well developed repair, for which Mani(A1), engaged the services of Sikkanan(A2), a Mechanic for repairing the motor pump. The deceased Murugesan and one Kanagaraj were the employees of Sikkanan(A2). When both of them were carefully removing the motor, Murugesan slipped into the Well and died. Thus, this Court is of the view that the death of Murugesan was purely an unfortunate accident, for which, the accused are in no way responsible. However, it is seen that the first accused has given Rs.2,00,000/- (Rupees Two lakhs Only) as compensation to Nagajothi/widow of the deceased Murugesan and Alagumani - father of Murugesan vide cheque No.000062 dated 28.02.2017. They have also entered into a compromise, in which, the defacto complainant agreed to withdraw the complaint.
6.The parties have filed a compromise memo in vernacular, wherein, it is stated as follows:
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7.In view of the joint compromise memo, this Court is of the opinion that no useful purpose would be served in keeping the matter pending. Therefore,this petition is allowed and the entire proceedings in Crime No.4 of 2017 on the file of the first respondent police in respect of all the accused, are hereby quashed. The joint compromise memo shall form part of this order.
8.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.
9.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 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 shallbe furnished to the Registrar (Administration), Madurain Bench of Madras High Court, Madurai.
10.Post the matter on 03.04.2017 ?for reporting compliance?. Consequently, connected miscellaneous petition is closed.
To
1.The Judicial Magistrate, Rajapalayam
2.The Sub-Inspector of Police, Vadamadurai Police Station, Dindigal District..