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Madras High CourtCRL OP(MD)/10247/2017allowed

Karthick v. The Sub-Inspector Of Police

2017-08-04Honourable Mr Justice S.S. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD) Nos.10247 & 10248 of 2017 CRL.O.P.(MD)No.10247 of 2017

1. Karthick

2. Karthick, S/o.Sonai Thevar

3. Veerapathiran

4. Kalaipandi

5. Sivanpandi

6. Vijayarajan

7. Saravanan ... Petitioners/Accused No.1 to 7 -Vs1. State rep. by, The Sub Inspector of Police, Manamadurai Police Station, Sivagangai District.

(In Crime No.177 of 2015) ... 1st Respondent/Complainant

2. Ranjithkumar ... 2nd Respondent/Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the impugned First Information Report in Crime No.177 of 2015, dated 08.04.2015 on the file of the first respondent police and to quash the same.

For Petitioners :

M/s.S.Ragaventhre For R-1 :

Mr.K.Anbarasan, Government Advocate(Crl.side).

For R-2 : M/s.R.Shyamala CRL.O.P.(MD)No.10248 of 2017

1. Ranjithkumar

2. Prabhakaran ... Petitioners/Accused No.1 & 2 -Vs1. State rep. by, The Sub Inspector of Police, Manamadurai Police Station, Sivagangai District.

(In Crime No.178 of 2015) ... 1st Respondent/Complainant

2. Karthick ... 2nd Respondent/Defacto Complainant

Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the impugned First Information Report in Crime No.178 of 2015, on the file of the first respondent police and to quash the same. For Petitioners :

Mr.G.Mathavan For R-1 :

Mr.K.Anbarasan, Government Advocate(Crl.side).

For R-2 : M/s.S.Ragaventhre *** C O M M O N O R D E R These Criminal Original petitions are filed for quashing the First Information Reports in Crime Nos.177 and 178 of 2015, on the file of the first respondent police.

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. The petitioners in Crl.O.P.(MD)No.10247 of 2017 are the accused in Crime No.177 of 2015 on the file of the first respondent, for the offence under Sections 147, 148, 294(b), 324 and 506(ii) of I.P.C. Similarly, the petitioners in Crl.O.P.(MD) No.10248 of 2017 are the accused in Crime No.178 of 2015 on the file of the first respondent, for the offence under Sections 147, 148, 341, 294(b), 324 and 506(ii) of I.P.C.

4. It is submitted that pursuant to the registration of the First Information Reports, the dispute between the petitioners and the defacto complainants in both the cases were settled amicably out of Court. The parties have also signed the Joint Compromise Memos, dated 26.07.2017, in both the cases independently. As per the Joint Compromise memos, the second respondent/defacto complainant in both the cases have agreed to withdraw the criminal case in Crime Nos.177 and 178 of 2015.

5. The parties appeared today before this Court and expressed in unequivocal terms that they have signed in the Joint Compromise Memos 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 the Joint Compromise Memos, this Court is of the view that no useful or fruitful purpose will be served by keeping these matters pending. Hence, on the basis of the Joint Compromise Memos signed by the parties, the Criminal Original petitions are allowed and the First Information Reports in Crime Nos.177 and 178 of 2015 on the file of the first respondent police are quashed in toto. The Joint Compromise Memos signed by the parties shall form part of the order. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To

1. The Sub Inspector of Police, Manamadurai Police Station, Sivagangai District.

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

+2cc to Mr.S.Ragaventhre, Advocate Sr.No.70749 +1cc to Mr.G.Mathavan, Advocate Sr.No.70750 PMU VB/KK/SAR4/17/08/2017/3P/6C CRL.O.P.(MD) Nos.10247 & 10248 of 2017 04.08.2017