Vetriselvan, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:29.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.11330 2017 1.Vetriselvan 2.Ramachandran 3.Aravind Kumar : Petitioners/Accused Nos. 1 to 3 -Vs1. The State represented by The Inspector of Police, Devakottai Town Police Station, Sivagangai District.

(Crime No.271 of 2017) : 1st Respondent/Complainant 2.Selvakumar : 2nd Respondent/Defacto Complainant PRAYER: Criminal Original petition filed under Section 482 of Criminal Procedure Code, to call for the records connected with the FIR in Crime No.271 of 2017 on the file of the Inspector of Police, Devakottai Town Police Station, Sivagangai District and quash the same as against the petitioners.

For Petitioners : Mr.S.M.Sanjay For 1st Respondent : Mr.K.Anbarasan, Government Advocate(Crl.Side) For 2nd respondent : Mr. D. Palanikumar

O R D E R

This Criminal Original petition is filed to call for the records in connection with FIR in Crime No.271 of 2017 on the file of the first respondent / Inspector of Police, Devakottai Town Police Station, Sivagangai District and quash the same as against the petitioners.

2. Heard the learned counsel appearing for the petitioners 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 complaint received from the second respondent, a case was registered in Crime No. 271 of 2017 as against the petitioners / A1 to A3 for the offences under https://hcservices.ecourts.gov.in/hcservices/

Sections 294(b), 353 and 506(ii) of IPC and Section 3 of Tamil Nadu Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss to the Property) Act, 2008, on the file of the first respondent Police.

4. It appears that parties viz., petitioners and the de facto complainant have settled the dispute outside the Court amicably. A joint compromise memo has been filed before this Court along with quash petition. As per the joint compromise memo, the petitioners as well as the defacto complainant have compromised the matter between themselves and the second respondent is not interested in prosecuting the case against the petitioners.

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 terms of the joint memo of compromise, this Court is of the view that no useful purpose will be served by keeping this matter pending. Hence the criminal proceedings pending in Crime No.271 of 2017 on the file of the first respondent Police, is quashed in toto and the Joint Compromise Memo dated 21.08.2017 signed by the parties shall form part of the order.

7. Accordingly, the Criminal Original petition is allowed. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To (Encl. Xerox copy of Compromise memo)

1. The Inspector of Police, Devakottai Town Police Station, Sivagangai District.

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

+1cc to M/S. S.M.SANJAY, Advocate, SR.No.75153. CRL.O.P.(MD)No.11330 of 2017 29.08.2017 trp SDS/SKN:RSK/SAR 1/25.09.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/