Sekar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.02.2018

CORAM

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.(MD) No.2711 of 2018 1.Sekar 2.Stalin 3.Elanchezhiyan 4.Amar 5.Sitrarasan 6.Aravind 7.Deivasingh 8.Sivabalan ... Petitioners/ Accused Nos. 1 to 8 -Vs1.State represented by The Inspector of Police, Tiriuchendur Police Station, Thoothukudi District, (Crime No.14 of 2018) ... 1st Respondent/Complainant 2.Vincent ... 2nd Respondent/ Defacto Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for records in Crime No.14 of 2018 pending investigation on the file of the 1st respondent police and quash the same.

For Petitioners : Mr.S.Selvakumar For 1stRespondent : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.side) For 2nd Respondent : Mr.S.Chandra Bose

ORDER

This Criminal Original Petition has been filed to for records in Crime No.14 of 2018 pending investigation on the file of the 1st respondent police and quash the same.

2.Heard the learned counsel appearing for the petitioners, learned Government Advocate (Crl.side) appearing for the first respondent and the learned counsel appearing for the second

respondent.

3.The petitioners are accused Nos. 1 to 8 in Crime No.14 of 2018. Based on the complaint lodged by the second respondent, a case was registered for the offences punishable under Sections 147, 148, 294(b), 323, 324, 506(ii) of I.P.C. 4.It appears that the petitioners and the second respondent, namely, the de-facto complainant have settled their dispute amicably out of Court and they have also entered into a compromise, on the advise of elders and their relatives. A Joint Compromise Memo, signed by both parties, in the presence of their respective counsel, is also produced before this Court. As per the Joint Compromise Memo, the de-facto complainant, namely, the second respondent, has no objection for quashing the proceedings in Crime No.14 of 2018 on the file of the 1st respondent against the accused Nos.1 to 8 alone.

5.The parties are appeared before this Court and expressed in unequivocal terms that they have signed the Joint Compromise Memo on their own free will and volition. The identity of the parties are verified with reference to the authenticated documents produced by the parties before this Court. The identity of the parties are also confirmed by the learned Government Advocate (Crl.side) through the first respondent police. 6.Having regard to the specific terms of the Joint Compromise Memo, this Court is of the view that no useful purpose will be served by keeping this matter pending. Hence the proceedings in Crime No. 14 of 2018 on the file of the 1st respondent, against the accused Nos.1 to 8, is quashed in toto. The Joint Compromise Memo signed by the parties shall form part of the order. 7.Accordingly, the Criminal Original petition is allowed. Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar Encl: xerox copy of Compromise Memo To

1. The Inspector of Police, Tiriuchendur Police Station, Thoothukudi District.

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Dss AE/KK/SAR1/26.03.2018/3P/3C Crl.O.P.(MD) No.2711 of 2018 27.02.2018