Velan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.09.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL OP(MD)No.11233 of 2017

1. Velan

2. Krishnaraj @ Raju

3. Balasubramanian @ Sakthi

4. Revathi ... Petitioners/Accused Nos.1 to 4 Vs.

1. The State of Tamil Nadu, Rep. by the Sub Inspector of Police, Kundrakudi Police Station, Kundrakudi, Sivagangai District.

(Crime No.117 of 2017) ... 1st Respondent /Complainant

2. Velmurugan ... 2nd Respondent/De-facto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records relating to C.C.No.179 of 2017 on the file of the learned Principal District Munsif cum Judicial Magistrate, Karaikudi, and to quash the same. For Petitioners : Mr.R.Sundar Srinivasan For R-1 : Mr.K.Anbarasan, Government Advocate(Crl.Side) For R-2 : Mr.AL.Kannan

O R D E R

This Criminal Original petition is filed for quashing the criminal proceedings in C.C.No.179 of 2017 on the file of the learned Principal District Munsif cum Judicial Magistrate, Karaikudi.

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.The petitioners are the accused Nos.1 to 4 in Crime No.117 of 2017 on the file of the first respondent police. On the basis of the complaint lodged by the second respondent/de-facto complainant, a case was registered in Crime No.117 of 2017, dated 10.06.2017, for the offences under Sections 448, 294(b), 324 and 506(ii) I.P.C.

4. After filing of the Charge Sheet, the case was taken on file in C.C.No.179 of 2017 on the file of the learned Principal District Munsif cum Judicial Magistrate, Karaikudi, for the offences under Sections 448, 294(b), 326 and 506(ii) I.P.C.

5. It appears that the parties, namely, the petitioners and the second respondent have settled their dispute amicably out of Court, on the advise of the family members and elders. The parties also have entered into a compromise. The Joint Compromise Memo, dated 22.08.2017, signed by the petitioners and the de-facto complainant in the presence of their respective counsels is produced before this Court. As per the Joint Compromise memo, the defacto complainant has agreed to quash the criminal proceedings in C.C.No.179 of 2017 on the file of the learned Principal District Munsif cum Judicial Magistrate, Karaikudi.

6. The parties, namely, the petitioners and the second respondent appeared before this Court and expressed in unequivocal terms that they have signed the Joint Compromise Memo on their own free 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.

7. Having regard to the specific terms of the Joint Compromise Memo, this Court is of the view that no useful or fruitful purpose will be served by keeping this matter pending. Hence, on the basis of the Joint Compromise Memo signed by the parties, the Criminal Original petition is allowed and the criminal proceedings in C.C.No.179 of 2017 on the file of the learned Principal District Munsif cum Judicial Magistrate, Karaikudi, is quashed in toto. The Joint Compromise Memo signed by the parties shall form part of the order.

Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar Encl.: Xerox copy of Compromise Memo

To

1. The Principal District Munsif cum Judicial Magistrate, Karaikudi.

2. The Sub Inspector of Police, Kundrakudi Police Station, Kundrakudi, Sivagangai District.

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

+ 1 CC TO Mr.R.SUNDAR SRINIVASAN, ADVOCATE IN SR No. 76415 PMU TE/MR-KKR/SAR-I : 21/09/2017 : 3P/5C CRL OP(MD)No.11233 of 2017 04.09.2017