M.Karthick, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.08.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL OP(MD)No.10208 of 2017 and CRL.M.P.(MD)No.6979 of 2017

1. M.Karthick

2. P.Sentrayan

3. P.Gopal

4. M.Muniyandi ... Petitioners/Accused Nos.1 to 4 Vs.

1. The State rep. by, The Inspector of Police, Thiruchuli Police Station, Virudhunagar District.

(Crime No.191 of 2017) ... 1st Respondent/Complainant

2. K.Rasu ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the entire records pertaining to the case in Crime No.191 of 2017 on the file of the Inspector of Police, Thiruchuli Police Station, Virudhunagar District and to quash the same.

For Petitioners : Mr.R.Manickam For R-1 : Mr.K.Anbarasan, Government Advocate(Crl.Side).

For R-2 : Mr.Sridharan ***

O R D E R

This Criminal Original petition is filed for quashing the criminal case in Crime No.191 of 2017 on the file of the Inspector of Police, Thiruchuli Police Station, Virudhunagar District.

2. Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Criminal side) appearing for the first respondent and the learned counsel appearing for the second respondent.

3. On the basis of the complaint lodged by the second

respondent/defacto complainant against the petitioners/accused Nos.1 to 4, a case was registered by the first respondent police in Crime No.191 of 2017 for the offence under Sections 294(b), 341 of I.P.C., and Section 3(i) of the Tamil Nadu Property(Prevention of Damage and Loss) Act, 1992.

4. After the registration of the First Information Report, it appears that the petitioners and the second respondent/defacto complainant have settled their dispute amicably out of Court, on the advise of the elders and well wishers. The parties also have entered into a compromise. The Joint Compromise Memo signed by the petitioners and the defacto complainant along with their counsel is produced before this Court. In the Joint Compromise Memo, it is stated that the parties have settled their dispute amicably and that the second respondent agreed to withdraw the complaint. He also stated that he has no objection to quash the criminal case. Further, it was agreed in the Joint Compromise Memo that the petitioners 3 and 4 are entitled to withdraw the amount which they have deposited pursuant to the direction of this Court in Crl.O.P. (MD)No.7936 of 2017.

5. The parties, namely the petitioners and the second respondent appeared today before this Court and expressed in unequivocal terms that they have signed in 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 (Criminal side) through the first respondent police.

6. Having regard to the specific terms of Joint Compromise Memo, this Court is of the view that no useful or fruitful purpose will be served by keeping this matter pending. Hence, on the basis of the Joint Compromise Memo signed by the parties, the Criminal Original petition is allowed and the criminal case in Crime No.191 of 2017 on the file of the first respondent herein is quashed in toto. The Joint Compromise Memo signed by the parties shall form part of the order. It is also seen that the parties have agreed that the petitioners 3 and 4 are entitled to withdraw the amount which they have deposited pursuant to the direction of this Court. This Court also permit them to withdraw the amount. Consequently, connected Miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar

To Encl: Xerox copy of compromise memo

1. The Inspector of Police, Thiruchuli Police Station, Virudhunagar District.

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

+1 cc to Mr.R.Manickam , Advocate in SR.No. 71119 pmu AE/JC/SAR3/29.08.2017/3P/4C CRL OP(MD)No.10208 of 2017 04.08.2017