Madras High CourtCRL OP(MD)/4056/2018allowed

Thiruvettai v. The Inspector Of Police

2018-03-21Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2018

CORAM

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.(MD) No.4056 of 2018 1.Thiruvettai 2.Selvam ..Petitioners/ Accused Nos.1 & 2 -Vs1.State Represented by The Inspector of Police, Austinpatti Police Station.

(Cr.No.56 of 2015) ... Respondent No.1/ Complainant 2.Kaleeswari ... Respondent No.2/ Defacto Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records of the FIR in Cr.No.56 of 2015 on the file of the first respondent and quash the same.

For Petitioners :Mr.S.Sankarapandian For Respondents :Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.side) for R1 :Mr.S.P.Vijay Nivas For R2

ORDER

The Criminal Original Petition has been filed to call for the records in Cr.No.56 of 2015 on the file of the first respondent 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 & 2 in Crime No.56 of 2015. Based on the complaint lodged by the second respondent, a case was registered for the offences punishable under Sections 326(A) and 307 IPC.

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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 FIR in Cr.No. 56 of 2015 on the file of the first respondent.

5.The parties 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 FIR in Cr.No.56 of 2015 on the file of the first respondent / The Inspector of Police, Austinpatti Police Station, against the accused Nos.1 & 2, is quashed . 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(RTI) /True Copy/ Sub-Assistant Registrar COMPROMISE MEMO ATTACHED To 1.The Inspector of Police, Austinpatti Police Station, Madurai 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to M/s.S.Sankara Pandian, Advocate, SR.No.57183 rmk RL/4C/2P/SV/MMS/SAR1/18/4/2018 Crl.O.P.(MD) No.4056 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 21.03.2018 ( 1⁄2)