Ashok @ Ashokan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2015

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN Crl.O.P.(MD) No.22307 of 2015 1.Ashok @ Ashokan 2.Raja 3.Kubendran @ Pulendran ... Petitioners/A1, A3 & A4 Vs.

1.The Inspector of Police, North Police Station, Thoothukudi (Cr.No.59/2012) ... 1st Respondent / Complainant 2.Jegan Arul ... 2nd Respondent / Defacto complainant Prayer: Petition filed under Section 482 of Code of Criminal Procedure praying to call for the records in C.C.No.109/2012, on the file of the Judicial Magistrate No.II, Thoothukudi, quash the same in so far as the petitioners are concerned.

For Petitioners :

Mr.C.T.Perumal For R1 :

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

O R D E R

This petition has been filed seeking to quash the proceedings in C.C.No.109/2012, on the file of Judicial Magistrate No.II, Thoothukudi, quash the same in so far as the petitioners are concerned.

2. It is seen that the case in Crime No.59 of 2012 has been registered for the alleged offences under Sections 341, 294(b), 387 & 506 (ii) of IPC., against the petitioners / Accused Nos.1, 3 & 4. It is represented that Accused No.2, died during pendency of the proceedings.

3. When the matter is taken up for hearing, the petitioners/Accused Nos.1, 3 & 4. 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. https://hcservices.ecourts.gov.in/hcservices/

4. The counsel appearing on either side would submit that a 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 proceedings in C.C.No.109/2012, on the file of Judicial Magistrate No.II, Thoothukudi.

5. Considering the nature of allegations and also considering the 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 C.C.No.109/2012, on the file of Judicial Magistrate No.II, Thoothukudi, in so far as the petitioners are concerned, is hereby quashed.

6. Accordingly, these Criminal Original Petition is allowed on the basis of the compromise entered into between the parties. The compromise memo shall form part of this order.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar MPK To 1.The Judicial Magistrate No.II, Thoothukudi 2.The Inspector of Police, North Police Station, Thoothukudi 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC to Mr.C.T.Perumal Advocate Sr.No.67566 CSL/GSV/AN/4.12.2015-2P-5C Crl.O.P.(MD) No.22307 of 2015 25.11.2015 https://hcservices.ecourts.gov.in/hcservices/