Chellamani v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.08.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.10624 of 2017 Chellamani ... Petitioner / Sole accused -Vs1. State rep.by The Sub Inspector of Police, District Crime Branch, Pudukkottai.

(Crime No.17 of 2017) ... 1st Respondent/Complainant

2. S. Sournabairavan ... 2nd Respondent/Defacto- Complainant Prayer:Criminal Original petition is filed under Section 482 of Code of Criminal Procedure, to call for the records relating to the FIR dated 30.05.2017 in Crime No.17 of 2017 on the file of the first respondent police and quash the same.

For Petitioner :

Mr. A. Arul Jenifer For R-1 :

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

For R-2 :

Mr. K.Baalasundharam

O R D E R

This Criminal Original petition is filed to call for the records relating to the FIR dated 30.05.2017 in Crime No.17 of 2017 on the file of the first respondent police and quash the same.

2. Heard the learned counsel appearing for the petitioner 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 a complaint given by the second respondent, a case was registered in Crime No.17 of 2017 for the offences punishable under Sections 294(b), 420 and 506(i) of IPC against the petitioner.

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4. Pursuant to the filing of the above Criminal Original petition, the parties have entered into a compromise, dated 07.08.2017, on the advise of the elders and well wishers. In the Compromise Memo, the second respondent agreed to withdraw this criminal case and expressed his no objection to quash the First Information Report.

5. The parties appeared before this Court and expressed in unequivocal terms, the Joint Compromise Memo signed by them was on their own 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. In view of the Compromise Memo signed by the parties, this Court is of the view that no useful purpose will be served by keeping this matter pending. Hence, the Criminal Original petition is allowed and the proceedings in Crime No.17 of 2017 on the file of the first respondent is quashed in toto, on the basis of the compromise memo signed by the parties concerned before this Court and the Joint Compromise Memo signed by the parties shall form part of the order.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To (Encl. Xerox copy of Compromise memo) The Sub Inspector of Police, District Crime Branch, Pudukkottai.

+1cc to M/S. K.BAALASUNDHARAM, Advocate, SR.No.72252. +1cc to M/S. A.ARUL JENIFER, Advocate, SR.No.72253. Crl.O.P.(MD) No.10624 of 2017 11.08.2017 trp SDS/MR:KKR/SAR 2/28.08.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/