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2022 Supreme(Online)(MAD) 18755
IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on : 29.08.2022 Date of Verdict : 14.09.2022 CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.16954 of 2021 and Crl.MP.No.9245 of 2021 Ramanathan (A) Thoopakki Ramanathan ... Petitioner Vs.
1.State, Rep by The Inspector of Police, M4, Sengundram Police Station, Chennai 600 052
2.Vetrivel ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. praying to call for the records relating to PRC.No.7 of 2021 on the file of the learned Judicial Magistrate-II, Ponneri, Thiruvallur District and quash the same.
For Petitioner : Mr.V.Elangovan For Respondents For R1 : Mr.A.Gopinath, Government Advocate(crl.side)
For R2 : Mr.P.Krishnan
ORDER
This criminal original petition was filed praying to quash the proceedings in PRC.No.7 of 2021 on the file of the learned Judicial Magistrate- II, Ponneri, Thiruvallur District, thereby taken cognizance for the offences under Sections 294B & 307 of IPC and Section 27(1) of Arms Act, 1959 in crime No.592 of 2019 , as against the petitioner.
2. While pending the quash petition, the petitioner and the second respondent amicably settled their issues by the joint compromise memo dated
29.04.2022.
3. On the complaint lodged by the second respondent, the first respondent registered FIR in crime No.592 of 2019 for the offence under Sections 294(b) & 307 of IPC (2 counts) and Section 27(1) of Arms Act, 1959. After completion of investigation, the first respondent filed final report and the same is pending for committal in PRC.No.7 of 2021 on the file of the learned Judicial Magistrate-II, Ponneri, Thiruvallur. While pending for committal, the petitioner approached this Court to quash the proceedings in PRC.No.7 of 2021. While pending this quash petition, both the petitioner and the second respondent entered into compromise and filed joint compromise memo dated 29.04.2022 and the second respondent has no objection to quash the proceedings.
4. Therefore, the learned counsel for the petitioner submitted that the issues between them have been now settled amicably and the quarrel between them is purely private in nature and have no impact on the society. Further, the possibility of conviction is remote and no useful purpose will be served in keeping the criminal proceedings pending.
5. The learned Government Advocate(crl.side) appearing for the first respondent / police filed counter and vehemently opposed to quash the proceedings on compromise. The petitioner is a habitual offender and history sheeter. In fact, he was let out on bail on default ground as contemplated under Section 167(2) of Cr.P.C. due to non filing of final report within the stipulated time. Therefore, the second respondent completed investigation and filed final report and the same is pending for committal in PRC.No.7 of 2021 on the file of the learned Judicial Magistrate-II, Ponneri, Thiruvallur. He is a history sheeter rowdy in HS.No.14 of 2020 on the file of the Inspector of Police, M4, Redhills Police Station, So far, he involved in the following previous cases:
| S N o | Police Station, Crime Number | Section |
| 1 | M4 Redhills P.S., Cr.No.96 of 2007 | U/s 341, 353, 506(ii) IPC & Arms Act & 35 & 35(b) of TN Forest act r/w Rule 9 of TN Timber Transit Act |
| 2 | M4 Redhills P.S., Cr.No.272 of 2007 | 307 IPC 25(i) (B) of Arms Act |
| 3 | Ponneri P.S., Cr.No.371/2011 | U/s.among forest act & (ii) Timber Transit Rules 35 & 36, 44(b), Section 21(i) & TN Forest Act 1968, Section 3, 1. Sec 55, 56 |
| 4 | YSR Kadappa Dist. Kodur PS Cr.No.104 of 2016 | U/s 147, 148, 379, 353, 332, 307 r/w 149 IPC, 20(i)c ii, iii, iv, vi, x APF 20 APFA, 3 PDPPA |
| 5 | Chittur Dist. Vayalpad Ps Cr.No.76/2014 | U/s 147, 148, 353, 307, 109 r/w 149 IPC & 379 IPC Sec.20(1)(c )(iii)(iv) and (x) of A.P.Forest Act, 1967 sec.3 of Red Sanders wood and Red Sanders Transists Rule – 1989 |
| 6 | Chittur Dist Rompicherla Ps Cr.No. 63/2014 | 1) 29,32 AP Forest Act 2)Rule 3 AP Sandal wood & Red Sandars Transit Rules 1969 3) 29 Wild life (Protection) Act 1972 4) 353, 307, 379, 109 IPC r/w 55(2) Biological Diversity Act 2002 & 30 of Arms Act |
| 7 | Chittur Dist. Rompicherla Ps Cr.No. 65/2014 | 1) 29,32 AP Forest Act 2) Rule 3 AP Sandal wood & Red Sandars Transit Rules 1969 3) 29 Wife life (Protection) Act 1972 4) 353, 307, 379, 109 IPC r/w 55(2) Biological Diversity Act 2002 & 30 of Arms Act |
| 8 | Chitthoor District Barkarpet P.S., | 20 APFA, 30 Arms Act, 307, 353, 341 148, 147, 149 IPC |
| S N o | Police Station, Crime Number | Section |
| Cr.No.64 of 2014 | ||
| 9 | Chitthoor District Barkarpet P.S., Cr.No.73/2014 | 307, 353, 379 IPC, 20 APFA, |
