Madras High CourtCRL OP(MD)/10646/2017allowed

Sathya v. The Inspector Of Police

2017-08-11Honourable Mr Justice S.S. Sundar2 pages

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.10646 of 2017 Sathya ... Petitioner / Accused No.2 -Vs1. State rep.by The Inspector of Police, Sellur Police Station, Madurai District.

(Crime No.1557 of 2017) ... 1st Respondent/Complainant

2. Valagurunathan ... 2nd Respondent/DefactoComplainant Prayer: Criminal Original petition is filed under Section 482 of Code of Criminal Procedure, to call for the entire records in Crime No.1557 of 2017 dated 23.07.2017 on the file of the first respondent Police and quash the same.

For Petitioners :

Mr.Ramesh Selva Kumar For R-1 :

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

***

O R D E R

This Criminal Original petition is filed to call for the entire records in Crime No.1557 of 2017 dated 23.07.2017 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.

3. On the basis of a complaint given by the second respondent, a case was registered in Crime No.1557 of 2017 for the offences punishable under Sections 506(i) of IPC and Section 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003 against the petitioner.

4. Pursuant to the filing of the above Criminal Original petition, the parties have entered into a compromise, dated 02.08.2017, on the advise of the elders and well wishers. In the https://hcservices.ecourts.gov.in/hcservices/

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 that 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.1557 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(Writs) /True copy/ Sub Assistant Registrar Encl:- The Compromise Memo signed by the parties shall for part of this Order.

To 1.The Inspector of Police, Sellur Police Station, Madurai District.

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

+1cc to Mr.RAMESHSELVAKUMAR,Advocate,SR.72671 Crl.O.P.(MD) No.10646 of 2017 11.08.2017 TRP KK/SV MMS/SAR/29.08.2017/ 2P- 4C https://hcservices.ecourts.gov.in/hcservices/