Mani v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.10283 of 2017 1.Mani 2.Sethuraj 3.Balachandran ... Petitioner/Accused 1 to 3 -Vs1. State rep. by The Sub Inspector of Police, S.V. Karai Police Station, Thirunelveli District.

(Crime No.152 of 2017) ... Respondent/Complainant

2. Chandran ... Respondent/Defacto Complainant Prayer:Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for records and quash the entire proceedings in Crime No. 152 of 2017 on the file of the respondent Police against the petitioner.

For Petitioner :

Mr.T. Senthilkumar For R-1 :

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

For R-2 : Mr.P. Jeyasankar

O R D E R

This Criminal Original petition is filed to call for records and quash the entire proceedings in Crime No. 152 of 2017 on the file of the first respondent Police against the petitioners.

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 complaint received from the second respondent, a case was registered in Crime No. 152 of 2017 as against the petitioners / A1 to A3 for the offences under Sections 294(b), 387 and 506(ii) of IPC on the file of the first respondent Police.

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4. It appears that parties viz., petitioners and the de facto complainant have settled the dispute outside the Court amicably. A joint compromise memo has been filed before this Court along with quash petition. As per the joint compromise memo, the petitioners as well as the defacto complainant have compromised the matter between them and the second respondent is not interested in prosecuting the case against the petitioners.

5. The parties appeared before this Court and expressed in unequivocal terms that they have signed in the Joint Compromise Memo on their own will and volition. The identities of the parties are verified with reference to the authenticated documents produced by the parties before this Court. The identities of the parties are also confirmed by the learned Government Advocate (Criminal side) through the first respondent police.

6. Having regard to the terms of the joint memo of compromise, this Court is of the view that no useful purpose will be served by keeping this matter pending. Hence the criminal proceedings pending in Crime No.152 of 2017 on the file of the first respondent Police, is quashed in toto and 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(P & A) /True Copy/ Sub Assistant Registrar To (Encl. Xerox copy of Compromise memo)

1. The Sub Inspector of Police, S.V. Karai Police Station, Thirunelveli District.

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

+1cc to M/S. T.SENTHILKUMAR, Advocate, SR.No.70854. Crl.O.P.(MD) No.10283 of 2017 07.08.2017 https://hcservices.ecourts.gov.in/hcservices/ trp SDS/KKR/SAR 3/16.08.2017/2P/4C