K.K.S.V.T. Subburaj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.07.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.14527 of 2014 and M.P.(MD)Nos.1 and 2 of 2014 K.K.S.V.T.Subburaj ... Petitioner/Accused 2 -Vs1. The Inspector of Police, Aruppukkottai Town Police Station, Virudhunagar District, (In Crime No.100 of 2013) ... Respondent/Complainant

2. J.M.Gose ... Respondent/Defacto Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for records relating to the impugned final report, dated 29.12.2013, made in C.C.No.129 of 2014 on the file of the learned Judicial Magistrate, Aruppukkottai, and to quash the same.

For Petitioner :

Mr.Veera Kathiravan For R-1 :

Mr.K.Anbarasan, Government Advocate(Crl.side).

For R-2 : Mr.G.Ravi ***

O R D E R

This Criminal Original petition is filed to call for records relating to the impugned final report, dated 29.12.2013, made in C.C.No.129 of 2014 on the file of the learned Judicial Magistrate, Aruppukkottai, and to quash the same.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Criminal side) appearing for the first respondent and the learned counsel appearing for the second respondent.

3. On the basis of complaint given by the second respondent, against the first accused, a case was registered in Crime No.100 of 2013 on the file of the first respondent for the offences under Sections 406 and 420 I.P.C. After the registration of First Information Report, the first respondent has proceeded to file https://hcservices.ecourts.gov.in/hcservices/

final report, by arraying the petitioner herein as second accused in C.C.No.129 of 2014 on the file of the learned Judicial Magistrate, Aruppukkottai.

4. It appears that at the advise of the elders and friends, the petitioner and second respondent have agreed to compromise the matter out of Court. A Joint Compromise Memo, dated 10.07.2017, is also filed. As per the Joint Compromise Memo, the defacto complainant, namely, second respondent has given his consent to quash the entire proceedings culminating in C.C.No.129 of 2014 in favour of the petitioner as well as the first accused.

5. The parties appeared before this Court and expressed in unequivocal terms that they have signed in the Joint Compromise Memo on their own will and volition. The identities of the parties are verified with reference to the authenticated documents produced by the parties before this Court. The identities of the parties are also confirmed by the learned Government Advocate (Criminal side) through the first respondent police.

6. Having regard to the agreement made between the parties, this Court is of the view that no useful purpose will be served by keeping this matter pending. As per the Compromise Memo signed by the parties, the defacto complainant, namely, the second respondent has agreed to quash the proceedings even against the first accused. Hence the criminal proceedings culminating in C.C.No.129 of 2014 on the file of the learned Judicial Magistrate, Aruppukottai, is quashed in toto and the Joint Compromise Memo signed by the parties shall form part of the order.

7. Accordingly, the Criminal Original petition is allowed. Consequently, connected Miscellaneous petitions are closed. Sd/- Assistant Registrar (AD-II) /True copy/ Sub Assistant Registrar To

1. The Judicial Magistrate, Aruppukottai.

2. The Inspector of Police, Aruppukkottai Town Police Station, Virudhunagar District, +1 CC to Mr.G.Mariappan, Advocate, SR No. 64516. PMU PSM/KP/SAR1/20.07.2017/2P/4C Crl.O.P.(MD) No.14527 of 2014 and M.P.(MD)Nos.1 and 2 of 2014 https://hcservices.ecourts.gov.in/hcservices/ 11.07.2017