IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN

Crl.O.P.No.8536 of 2017

1.Magesh @ Magesh Babu Akula

2.Veera

3.Praveen @ Praveen Kumar

4.Shock @ Rajan

5.Veeramanikandan

6.Gopi

7.Vinoth Kumar

.. Petitioners/Accused

Vs

1. State rep. by

the Inspector of Police,

H-8, Thiruvottiyur Police Station,

Thiruvottiyur,

Chennai – 600 019.

2. Selvaraj @ Saravanan

.. Respondents/R2-Defacto

Complainant

Petitions filed under Section 482 of the Criminal Procedure

Code, to call for the records in Crime No.1210 of 2015 on the

file of the respondent police pending before the Hon'ble

Judicial Magistrate, Thiruvotriyur, Chennai and to quash the

proceedings.

For Petitioners : Mr.M.Krishnamurthi

For R1

: Mr.C.Emalias, APP

For R2

: Present in person

ORDER

This Criminal Original Petition has been filed to call for

the records pertaining to the FIR in Crime No.1210 of 2015 on

the file of the first respondent police and quash the same.

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2. The facts of the case as averred in the petition are that

both the petitioners / accused and the second respondent /

defacto complainant are the students of two different Colleges

and they belong to same area of North Chennai. Due to difference

of opinion arose between them, on 08.09.2015 at about 7.30am,

they attacked each other with knife, in which, the second

respondent sustained injury. Pursuant to the same, a complaint

was preferred to the first respondent police and the same was

registered against the petitioners as FIR in Crime No.1210 of

2015 for the offences punishable under Sections 341, 294(b),

324, 307 and 506(ii) IPC, which were subsequently altered into

one under Sections 147, 148, 341, 294(b), 324, 307 and 506(ii)

r/w 109 IPC. Pending investigation of the same, due to the

efforts taken by the elders and the friends of both the parties,

a compromise was entered into between the parties. Based on the

same, the petitioners have come up with the present petition to

quash the same.

3. Today, all the petitioners along with their learned

counsel on record and the second respondent / defacto

complainant are present. Their identities have been verified.

They have submitted that the dispute between them has been

amicably settled. They have also filed a Joint compromise

affidavit signed by them, dated 27.04.2017 to that effect. When

this Court enquired the parties, particularly, the second

respondent / defacto complainant, about the factum of compromise

and the terms of the compromise, they admitted the same. The

second respondent has also expressed no objection in quashing

the criminal proceedings initiated against the petitioners

herein.

4. This Court is of the opinion that since the petitioners

and the second respondent are the college students, their

involvement in such criminal activities, cannot be countenanced.

They are expected to concentrate their attention on studies and

complete their respective courses successfully. However, in view

of the compromise entered into between the parties as stated

above, the criminal proceedings in Crime No.1210 of 2015 on the

file of the first respondent police, is quashed, insofar as the

petitioners herein are concerned, on condition that each of the

petitioners shall file individual affidavits countersigned by

their parents, addressed to the College authorities with a copy

marked to the police authorities, to the effect that they will

not indulge in any such illegal activities in future. Failing

compliance of the above condition, the FIR in Crime No.1210 of

2015 shall stand restored against them. Such affidavits have to

be submitted within a period of two weeks from the date of

receipt of a copy of this order.

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5. This Criminal O