Madras High CourtCRL OP(MD)/4062/2018allowed

Sanjay Kumar v. The Inspector Of Police

2018-03-19Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.03.2018

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.4062 of 2018 Sanjay Kumar ... Petitioner/ Sole Accused -vs1.State represented by The Inspector of Police, Town Police Station, Thirumangalam, Madurai District.

In Crime No.240 of 2014 ... 1st Respondent/ Complainant 2.M.Muneeswari ... 2nd Respondent/ De-facto Complainant Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to quash the FIR in Crime No.240 of 2014 dated 26.04.2014 on the file of the Inspector of Police, Thirumangalam Town Police Station, Thirumangalam, Madurai on the basis of compromise memo filed by the petitioner and the second respondent.

For Petitioner : Mr.S.Prabhu For R1 : Mr.A.P.G.Ohm Chairma Prabhu, Government Advocate (Crl.Side).

For R2 : Mr.C.Bethanasamy

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No.240 of 2014 dated 26.04.2014 on the file of the Inspector of Police, Thirumangalam Town Police Station, Thirumangalam, Madurai on the basis of compromise memo filed by the petitioner and the second respondent.

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

3.The petitioner is the sole accused in Crime No.240 of 2014. Based on the complaint lodged by the second respondent, against the petitioner, the case was registered in Crime No.240 of 2014 on the file of the first respondent police, for the offence punishable under Sections 294(b), 307 and 506(ii) IPC.

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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.240 of 2014. 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.240 of 2014, on the file of the first respondent police, 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(CO) /True Copy/ Sub Assistant Registrar To Enclosure: Joint Compromise Memo dated 07.03.2018 (Xerox Copy) 1.The Inspector of Police, Town Police Station, Thirumangalam, Madurai District.

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

+1cc to M/S.S.Prabhu, Advocate SR.No. 56323 CRL.O.P.(MD)No.4062 of 2018 19.03.2018 cp JM/SV MMS/SAR 4/06.04.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/