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Madras High CourtCRL OP(MD)/10287/2017allowed

Parthiban v. The Sub-Inspector Of Police

2017-08-07Honourable Mr Justice S.S. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) Nos.10287 and 10289 of 2017 Crl.O.P.(MD) No.10287 of 2017 1.Parthiban 2.Saravanan 3.Karuppaiah 4.Karthick 5.Manoj @ Manojkumar ... Petitioners/A1 to A5 -Vs1. The Sub Inspector of Police, Thiruppathur Town Police Station, Sivagangai District.

...1st Respondent/Complainant 2.Sathish ...2nd Respondent/De-facto Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records relating to the FIR dated 04.12.2016 in Crime No.341 of 2016 on the file of the first respondent police and quash the same.

For Petitioners : Mr.RMS.Sethuraman For R1 : Mr.K.Anbarasan Government Advocate (Crl.Side) For R2 : Mr.A.Arul Jenifer *** Crl.O.P.(MD) No.10289 of 2017 1.Sathish 2.Ananth @ Ananthakumar 3.Vinoth 4.Kamesh @ Kameshwaran ... Petitioners/A1 to A4 -Vs1. The Sub Inspector of Police, Thiruppathur Town Police Station, Sivagangai District.

...1st Respondent/Complainant 2.Partipan ...2nd Respondent/De-facto Complainant

Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records relating to the FIR dated 04.12.2016 in Crime No.340 of 2016 on the file of the first respondent police and quash the same.

For Petitioners : Mr.A.Arul Jenifer For R1 : Mr.K.Anbarasan Government Advocate (Crl.Side) For R2 : Mr.RMS.Sethuraman ***

O R D E R

The Criminal Original petition in Crl.O.P(MD)Nos.10287 of 2017 has been filed to quash the records relating to the FIR dated 04.12.2016 in Crime No.341 of 2016 on the file of the first respondent police.

2.The Criminal Original petition in Crl.O.P(MD)Nos.10289 of 2017 has been filed to quash the records relating to the FIR dated 04.12.2016 in Crime No.340 of 2016 on the file of the first respondent police.

3.The petitioners in Crl.O.P.(MD) No.10287 of 2017 are accused Nos.1 to 5 in Cr.No.341 of 2016 for the offences punishable under Sections 147, 294(B), 323, 506 (I) IPC and the first petitioner in this case is the de-facto complainant in Crl.O.P.(MD) No.10289 of 2017. The petitioners in Crl.O.P.(MD) No.10289 of 2017 are accused Nos.1 to 4 in Cr.No.340 of 2016 for the punishable offences under Sections 147, 294(B), 323, 506(i) and 379 IPC and the first petitioner in this case is the de-facto complainant in Crl.O.P. (MD) No.10287 of 2017.

4.It appears that at the advise of the elders and friends, the petitioners and second respondent in both cases have agreed to compromise the matter out of Court. The Joint Compromise Memos, dated 02.08.2017, are also filed. As per the Joint Compromise Memo, the de-facto complainant, namely, the second respondent in both cases have given their consent to quash the entire proceedings culminating in Crime Nos.340 and 341 2016. 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 agreement made between the parties, this Court is of the view that no useful purpose will be served by keeping these matters pending. As per the Compromise Memo signed by the parties, the de-facto complainant, namely, the second respondent in both cases, have agreed to quash the proceedings. Hence the First Information Reports in Crime Nos.340 and 341 of 2016 on the file of the first respondent police, Thiruppathur Town Police Station, Sivagangai District are quashed in toto and the Joint Compromise Memo signed by the parties shall form part of the order.

7. Accordingly, the Criminal Original Petitions are allowed. Enclosed Joint Compromise Memo.

Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To

1. The Sub Inspector of Police, Thiruppathur Town Police Station, Sivagangai District.

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

+1cc to Mr.RMS.Sethuraman, Advocate Sr.No.71099 +1cc to Mr.A.Arul Jenifer, Advocate Sr.No.71098 GSP/CMR VB/SKN/SAR1/24.08.2017/3P/5C Crl.O.P.(MD) Nos.10287 and 10289 of 2017 07.08.2017