Shanmugham v. Sub-Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.08.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.11010 of 2017 Shanmugham ... Petitioner /Sole Accused -Vs1. The Sub Inspector of Police, Sanarpatti Police Station, Dindigul District.

... 1stRespondent /Complainant

2. Ayyanar ... 2nd Respondent /De-facto Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the entire records pertaining to the charge sheet in C.C.No.167 of 2016 on the file of the learned Judicial Magistrate No.III, Dindigul and quash the same. For Petitioner :Mr.M.Siva Kumar For R-1 :Mr.K.Anbarasan, Government Advocate(Crl.side).

For R-2 :Mr.R.Prabath ***

O R D E R

This Criminal Original petition has been filed to quash the charge sheet in C.C.No.167 of 2016 on the file of the learned Judicial Magistrate No.III, Dindigul.

2.Heard the learned counsel appearing for the petitioner, 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 the complaint preferred by the second respondent/de-facto complainant, a case was registered against the petitioner in Crime No.369 of 2015 for the offences punishable under Sections 427, 294(b) and 506 (ii) of IPC, by the first respondent police. A final report was filed and the case was taken on file in C.C.No.167 of 2016 on the file of the learned Judicial Magistrate, No.III, Dindigul.

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4.It appears that at the advise of the elders and friends, the petitioner and the second respondent have agreed to compromise the matter out of Court. A Joint Compromise Memo, dated 09.08.2017, is also filed. As per the Joint Compromise Memo, the de-facto complainant, namely, the second respondent has given his consent to quash the entire proceedings in C.C.No.167 of 2016, pending on the file of the learned Judicial Magistrate, No.III, Dindigul. 5.The parties appeared before this Court and submitted that the Joint Compromise Memo was signed by them, in the presence of their respective counsels, 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 concerned police.

6.Since the parties have entered into a compromise and agreed that the C.C.No.167 of 2016 may be quashed, this Court is of the view that no useful purpose will be served by keeping this matter pending. Hence, on the basis of the compromise memo signed by the parties, the C.C.No.167 of 2016 on the file of the learned Judicial Magistrate, No.III, Dindigul, 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(CS-I) /True copy/ Sub Assistant Registrar ENCL:- COPY OF JOINT COMPRAMISE MEMO IS ENCLOSED. To 1.The Sub Inspector of Police, Sanarpatti Police Station, Dindigul District.

2.The Judicial Magistrate No.III, Dindigul.

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

+1cc to Mr.M.SIVAKUMAR,Advocate,SR.73989 Crl.O.P.(MD) No.11010 of 2017 22.08.2017 LS/CMR KK/SV MMS/SAR 1/07.09.2017/ 2P- 5C https://hcservices.ecourts.gov.in/hcservices/