Madras High CourtCRL OP(MD)/11145/2017allowed

A.Satheeshkumar v. The Inspector Of Police

2017-08-24Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.08.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.11145 of 2017 A.Satheeshkumar ... Petitioner/ Accused No.1 -Vs1. State, Rep. by Inspector of Police, Pettaivaithalai Police Station, Trichy District .

(Crime No.130 of 2017) ... 1st Respondent/Complainant

2. P.Rajkumar ... 2nd Respondent/De-facto Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the entire records and quash the entire proceedings in Crime No.130 of 2017 on the file of the Inspector of Police, Pettaivaithalai Police Station, Trichy District against the Petitioner.

For Petitioner:Mr.T.Senthil Kumar 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 has been filed to quash the entire records in Crime No.130 of 2017 on the file of Inspector of Police, Pettaivaithalai P.S., Trichy District against the petitioner.

2.Heard the learned counsel appearing for the petitioner, the learned counsel appearing for the second respondent and the learned Government Advocate (Criminal side) appearing for the first respondent.

3.The petitioner is a first accused in Crime No.130 of 2017 registered before the first respondent police on the basis of the complaint lodged by the second respondent/de-facto complainant, for the offences punishable under Sections 435 and 506(i) of I.P.C.

https://hcservices.ecourts.gov.in/hcservices/ 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 21.08.2017, 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 Crime No.130 of 2017, on the file of the first respondent police.

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 this matter pending. As per the Compromise Memo signed by the parties, the de-facto complainant, namely, the second respondent has agreed to quash the proceedings against the petitioner. Hence the criminal proceedings in Crime No.130 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(CS-III) /True Copy/ Sub Assistant Registrar To 1.The Inspector of Police, Pettaivaithalai Police Station,Trichy District. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to MR.T.SENTHIL KUMAR, Advocate SR.No.74460 ls/cmr MAS/KP/SAR2:08.09.2017:2P-4C Crl.O.P.(MD) No.11145 of 2017 24.08.2017 https://hcservices.ecourts.gov.in/hcservices/