Berin v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.11.2015

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN Crl.O.P.(MD) No.21237 of 2015 1.Berin 2.Jeganraj ... Petitioners/A1 and A2 Vs.

1. State Rep.by The Inspector of Police, Karungal Police Station, Kanyakumari District (Crime No.469 of 2013) ... 1st Respondent

2. Arulraj ... 2nd Respondent / Defacto complainant Prayer: Petition filed under Section 482 of Code of Criminal Procedure to call for the records relating to the proceedings in Crime No.469 of 2013, on the file of the 1st Respondent Police Station and quash the same in so far as the petitioners are concerned.

For Petitioners : Mr.K.P.Narayanakumar For R1 :

Mrs.S.Prabha Govt. Advocate (Crl.Side)

ORDER

This petition has been filed seeking to quash the proceedings in Crime No.469 of 2013, on the file of the 1st Respondent Police in so far as the petitioners are concerned.

2. It is seen that the case in Crime No.469 of 2013 has been registered for the alleged offences under Sections 341, 294(b), 323 and 506(i) of IPC., against the petitioners / Accused.

3. When the matter is taken up for hearing, the petitioners/Accused and the second respondent/defacto complainant, have appeared in persons and their identifications were also verified by this Court, in addition to the confirmation of the parties by the Government Advocate (Crl.Side) through the respondent Police.

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4. The counsel appearing on either side would submit that a

Joint Compromise Memo has been filed stating that, since the parties have arrived at an amicable settlement by way of compromise among themselves, the second respondent has agreed to withdraw the above case in Crime Nos.469 of 2013, pending on the file of the first respondent.

5. Considering the nature of allegations and also considering the Joint Compromise Memo, this Court is of the opinion that no useful purpose would be served in keeping these matters pending. Therefore, the entire proceedings in Crime Nos.469 of 2013, on the file of the first respondent in respect of the petitioners / accused alone, is hereby quashed.

6. Accordingly, the Criminal Original Petition is allowed on the basis of the compromise entered into between the parties. The joint compromise memos shall form part of this order. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To

1. The Inspector of Police, Karungal Police Station, Kanyakumari District

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

+ 1 CC TO MR.K.P.MARAYANA KUMAR, ADVOCATE IN SR NO. 65118 MPK TE/SKS-RR/ 30/11/2015 : 2P/4C Encl: Xerox Copy of Joint Compromise Memo.

Crl.O.P.(MD) No.21237 of 2015 05.11.2015 https://hcservices.ecourts.gov.in/hcservices/