P.Shanmugaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.03.2018

CORAM

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.(MD) No.2910 of 2018 1.P.Shanmugaraj 2.A.Arunsankar 3.K.Ramasubramanian ...Petitioner/Accused No.1 to 3 -Vs1. The Inspector of Police, Alanganallur Police Station, Madurai.

In Cr.No.32 of 2018 ...1st Respondent/Complainant 2.Kumar ... 2nd Respondent/De-facto Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the entire records relating to the entire proceedings of the F.I.R in Cr.No.32 of 2018 on the file of the 1st respondent and quash the same.

For Petitioners :Mr.B.Rajesh For R-1 :Mr.O.P.G.Ohm Chairma Prabhu Govt. Advocate (Crl.Side) For R-2 :Ms.G.Gayathri

ORDER

This Criminal Original petition has been filed to quash F.I.R in Cr.No.32 of 2018 on the file of the 1st respondent. 2.Heard the learned counsel appearing for the petitioners and the 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 3 in Crime No.32 of 2018 on the file of the first respondent Police. The second respondent is the defacto complainant in the above said crime number. 4.The complaint in Crime No. 32 of 2018 was registered for the offences punishable under Sections 294(b), 436, 506(ii) I.P.C and r/w Section 4 of Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992, on the file of the first respondent police. The petitioners are arrayed as accused in the above said crime https://hcservices.ecourts.gov.in/hcservices/

number. The first respondent is investigating the matter. 5.In the mean while, it appears that at the advise of the elders and friends, the petitioners and second respondent have agreed to compromise the matter, out of Court. A joint Compromise Memo, dated 07.02.2018, is also filed to that effect. As per the Joint Compromise Memo, the de-facto complainant, namely, the second respondent has given his consent to quash the entire proceedings in Cr.No.32 of 2018 on the file of the first respondent. 6.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 (Crl.Side) through the first respondent police.

7.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 de-facto complainant, namely, the second respondent has agreed to quash the proceedings in Cr.No.32 of 2018. Hence the criminal proceedings in Cr.No.32 of 2018 on the file of the first respondent police are quashed in respect of these petitioners and the Joint Compromise Memo signed by the parties shall form part of the order.

8.Accordingly, this Criminal Original petitions is allowed. Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar ENCL:Xerox Copy of Joint Compromise Memo.

To 1.The Inspector of Police, Alanganallur Police Station, Madurai.

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

+1cc to Mr.NIRANJAN S.KUMAR,Advocate,SR.53057 Crl.O.P.(MD) No.2910 of 2018 05.03.2018 VS KK/SKN RSK/SAR 2/07.03.2018/ 2P- 4C/ https://hcservices.ecourts.gov.in/hcservices/