The Madurai Bench of the Madras High Court quashed criminal proceedings under IPC Sections 294(b), 323, 506(i) and TNPPDL Section 3 due to a compromise supported by village elders. The court also directed the petitioners to pay Rs. 500 each towards tree removal.
Quashing of proceedings in P.R.C.No.45 of 2016; Direction to pay Rs. 500 each for tree removal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.03.2017
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
CRL OP(MD).No.2275 of 2017
1.Vivekanandan
2.Mariappan
3.Kani Arul
...Petitioners/Accused Nos.1 to 3
Vs.
1.State represented by, The Sub-Inspector of Police, Vilathikulam Police Station, Thoothukudi District.
(Crime No.126 of 2016) ...1st Respondent/Complainant 2.Parthiban ...2nd Respondent/Defacto Complainants
PRAYER : Criminal Original Petition filed under Section 482 of the Constitution of India, to call for the records in P.R.C.No.45 of 2016 in Crime No.126 of 2016 on the file of the Learned Judicial Magistrate, Vilathikulam and quash the same.
For Petitioner : Mr.R.Boominathan For Respondent 1 : Mr.A.P.Balasubramani Government Advocate (Crl.Side) For Respondent 2 : S.Muniyandi
O R D E R
On the complaint given by Parthiban, the respondent police registered a case in Crime No.126/2016 on 17.06.2016 under Sections 294(b), 323, 506(i) IPC and Section 3 of TNPPDL Act and after completing the investigation, has filed the final report in P.R.C.No.45/2016 before the Judicial Magistrate, Vilathikulam for offences under Sections 294(b), 323 and 506(i) IPC and Section 3 of TNPPDL Act against the petitioners herein. Challenging which, the accused and the defacto complainant are before this Court for quashing the proceedings in PRC No.45 of 2016 against the petitioners on the ground that they have arrived at a compromise.
2.It is also seen that on the complaint given by one of the accused, a counter case has been registered against the defacto complainant in Crime No.127/2016, which has resulted in the police filing the chargesheet in STC No.525/2016 before the Judicial https://hcservices.ecourts.gov.in/hcservices/ Magistrate, Vilathikulam, for which, a separate quash application has been filed in Crl.O.P.(MD) No.2276/2016.
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"3.It is submitted that the village elders intervene the dispute between the de-facto complainant with the petitioners, the matter entered into compromise.
4.It is submitted that all the offences which are mentioned in the FIR is simple in nature. The 2nd respondent and the petitioners are residing the same village. Due to intervention of village elders, the parties were entered into the compromise. In this circumstance, the 2nd respondent not willing to proceed further against the petitioners before the respondent police in Crime No.126/2016 as well as chargesheet in P.R.C.No.45/2016 on the file of the learned Judicial Magistrate, Vilathikulam."
6.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.
7.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 Court, Madurai.
8.It is represented that the accused have deposited Rs.5000/- each at the time of executing sureties. Since the
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prosecution is quashed, it is open to the petitioners to file an application for return of the said amount. Sd/Assistant Registrar(CO) /True Copy/
Sub Assistant Registrar
To
1.The Judicial Magistrate, Vilathikulam
Copy To The Registrar (Administration), Madurai Bench of Madras High Court, Madurai.
+1 cc to Mr.R.Boominathan, Advocate, SR.No. 17545
ORDER MADE IN CRL OP(MD).No.2275 of 2017 24.03.2017
RR MKV-JC-SAR 3/4.4.2017/3P-6C
2 issues framed by the court
Whether criminal proceedings initiated underSections 294(b), 323, 506(i) IPC and Section 3 TNPPDL Act should be quashed due to a compromise between the parties.
Whether the petitioners are liable to contribute towards the removal of damaged trees.
5 provisions across 3 enactments
Vivekanandan
Mariappan
Kani Arul
State
Parthiban
P.N. Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
