The Madurai Bench allowed a Criminal Petition under Section 482 CrPC to quash criminal proceedings based on a compromise affidavit filed by the complainant and the accused parties' voluntary contribution towards environmental fines.
Quashing of S.T.C.No.383/2013 in Crime No.126/2013; Petitioners to pay Rs. 500/- each for removal of trees.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2017 CORAM:
THE HON'BLE MR.JUSTICE P.N.PRAKASH
Crl.O.P.(MD) No.14277 of 2015 and M.P.(MD) Nos.1 & 2 of 2015
... Petitioners/A1 to A3
-vs-
The Sub-Inspector of Police, Viralimalai Police Station, Pudukkottai District.
(in Crime No.126 of 2013) ... 1st Respondent/Complainant
2. Umashankar ... 2nd Respondent/Defacto Complainant
PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code praying to call for the records relating to the STC.No.383/2013 in Crime No.126/2013 on the file of the DM-cumJM,Keeranur, Pudukottai District and to quash the same as illegal and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.
For Petitioner : Mr.G.Mathavan For R1 : Mr.K.Anbarasan Govt. Advocate (Crl.Side) For R2 : Mr.S.Karthick Subramanian *****
O R D E R
This petition has been filed, seeking to call for the records relating to S.T.C.No.383 of 2013 in Crime No.126 of 2013 pending on the file of the District Munsif-cum-Judicial Magistrate, Keeranur, Pudukottai District and to quash the same as illegal.
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Viralimalai Police Station, Pudukkottai District. Learned counsel appearing for the parties also endorsed the identify of their respective parties and submitted that both the parties have arrived at a compromise. In support of the same, Umashankar / defacto complainant has filed an affidavit, wherein in Paragraph No.3, it is stated as follows:
6.Accepting the submission, each of the petitioner is directed to pay a sum of Rs.500/- (Rupees Five Hundred only) 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 Seemai Karuvelam Trees, within a period of two weeks from the date of receipt of a copy of this order. After making payment, a copy of the challan shall be furnished to the Registrar (Administration), Madurai Bench of Madras High Cour, Madurai. Consequently, connected miscellaneous petitions are closed.
Assistant Registrar(CSII)
/True Copy/
Sub-Assistant Registrar
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To:
(*)AFFIDAVIT OF R2
| (*)COMPROMISE MEMO XEROX COPIES ARE ENCLOSED HEREWITH |
|---|
| 1. The Registrar (Administration), Madurai Bench of Madras High Court, Madurai. |
| 2. The District Munsif-cum- Judicial Magistrate, Keeranur, Pudukottai District. |
| 3. The Sub-Inspector of Police, Viralimalai Police Station, Pudukkottai District. |
| 4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. |
| +One cc to Mr.S.Karthick Subramanian, Advocate, SR.No.53361 |
| ar RL/6C/3P/MR/10.5.2017 |
| Crl.O.P.(MD) No.14277 of 2015 20.04.2017 |
1 issue framed by the court
Whether the Criminal Petition for quashing proceedings under Section 482 CrPC can be allowed in view of a compromise between the parties?
1 provisions across 1 enactments
Kannappan
Malathi
Shanmugasundaram
State
Umashankar
P.N. Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
