Muthupandi, v. The Sub Inspector Of Police,

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

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL OP(MD)No.11427 of 2017

1. Muthupandi

2. Vijayaraj

3. Kalleeswaran

4. Malairaj

5. Murugan

6. Ramachandran

7. Sakthivel

8. Prabhu

9. Rajairulappan ... Petitioners/Accused Vs.

1. The Sub Inspector of Police, Palayanur Police Station, Sivagangai District.

... Respondent /Complainant 2.Kannan ... Respondent/De-facto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records in Crime No.3 of 2017 on the file of the Sub Inspector of Police, Palayanur Police Station, Sivagangai District, and to quash the same as illegal. For Petitioners : Mr.V.P.Rajan For R-1 : Mr.K.Anbarasan, Government Advocate(Crl.Side) For R-2 : Mr.B.Jeyakumar ***

O R D E R

This Criminal Original petition is filed for quashing the criminal proceedings in Crime No.3 of 2017 on the file of the Sub Inspector of Police, Palayanur Police Station, Sivagangai District.

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.The petitioners are the accused in Crime No.3 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.3 of 2017, for the offences under Sections 147, 148, 294(b), 386 and 506(ii) I.P.C., and Section 3 of Tamil Nadu Public Property (Prevent of Damage and Loss Act 1992).

4. 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 elders and well wishers. The parties also have entered into a compromise. The Joint Compromise Memo, dated 11.08.2017, signed by the petitioners and the de-facto complainant in the presence of their respective counsels is produced before this Court. In the the Joint Compromise memo, it is stated that the parties have no objection for quashing the criminal proceedings in Crime No.3 of 2017 on the file of the first respondent.

5. 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.

6. 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 Crime No.3 of 2017 on the file of the Sub Inspector of Police, Palayanur Police Station, Sivagangai District/first respondent herein, is quashed in toto. The Joint Compromise Memo signed by the parties shall form part of the order.

Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar

To Encl: Xerox copy of compromise memo

1. The Sub Inspector of Police, Palayanur Police Station, Sivagangai District.

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

+1 cc to Mr.V.P.Rajan , Advocate in SR.No. 76487 pmu AE/KP/SAR3/20.09.2017/3P/4C CRL OP(MD)No.11427 of 2017 04.09.2017