R.Prabhu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2018
CORAM
THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.(MD) No.3478 of 2018 1.R.Prabhu 2.Amsu @ Amsavalli 3.Ramaiah 4.R.Vijayakumar 5.Premkumar 6.Niriamathi 7.Karuppasamy
...Petitioners/Accused No.1 to 7
-Vs1. The Inspector of Police, Alanganallur Town Police Station, Madurai District.
(Crime No.325 of 2017) ... Respondent/Complainant 2.T.Mahalakshmi ...2nd Respondent/ Defacto Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records pertaining to the First Information Report registered in Crime No.325 of 2017 on 15.06.2017 for the alleged offence punishable under Sections 294 (b), 323, 354, 406 and 420 of IPC, on the file of the first respondent police and quash the same.
For Petitioners : Mr.V.S.Kishok Kumar For R-1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.Side) For R-2 : Mr.V.B.Sundhareshwar
ORDER
This Criminal Original Petition has been filed to call for the records relating to the FIR in Crime No.325 of 2017 dated 15.06.2017 on the file of the first 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 in Crime No.325 of 2017. Based on the complaint lodged by the second respondent, against the petitioner, a case was registered in Crime No.325 of 2017 on the https://hcservices.ecourts.gov.in/hcservices/
file of the first respondent police, for the offence punishable under Sections 294(b), 323, 354, 406 and 420 of IPC. 4.It appears that on the advice of friends and elders, the parties have entered into compromise and a Joint Compromise Memo, signed by both parties, in the presence of their respective counsel, is also filed. As per the Joint Compromise Memo, the de-facto complainant, namely, the second respondent has agreed to quash the First Information Report in Crime No.325 of 2017. 5.The parties have 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 First Information Report in Crime No.325 of 2017, on the file of the first respondent police, is quashed in respect of the petitioners herein alone. The Joint Compromise Memo signed by the parties shall form part of this order.
7.Accordingly, the Criminal Original petition is allowed. Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar To
1. The Inspector of Police, Alanganallur Town Police Station, Madurai District.
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1cc to Mr.V.S.Kishok Kumar, Advocate Sr.No.54949 +1cc to Mr.V.B.Sundhareshwar, Advocate Sr.No.54950 DAS VB/KKR/SAR3/27/04/2018/3P/5C Crl.O.P.(MD) No.3478 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 13.03.2018