Madras High CourtCRL OP(MD)/11812/2017allowed

Sakthivel v. The Inspector Of Police

2017-09-07Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:07.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.11812 of 2017

1. Sakthivel

2. Suman

3. Pandiyarajan

4. Mari

5. Selvakumar

6. Sheela @ Saravanan :Petitioners/Accused Nos.1 to 6 -Vs1. The state rep. by The Inspector of Police, Avaniyapuram Police Station, Madurai City.

(Crime No.1277 of 2017) :1st Respondent/Complainant

2. Ayyanar :2nd Respondent/Defacto Complainant PRAYER: Criminal Original petition filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the FIR in Crime No.1277 of 2017 dated 12.07.2017 on the file of the first respondent Police and quash the same.

For Petitioners : Mr.P.Muthupandi For 1st Respondent : Mr.K.Anbarasan, Government Advocate(Crl.Side) For 2nd respondent : Mr.T.Sugadev

O R D E R

This Criminal Original petition is filed to call for the records pertaining to the pertaining to the FIR in Crime No.1277 of 2017, dated 12.07.2017 on the file of the first respondent Police and quash the same.

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.1277 of 2017 as against the petitioners / A1 to A6 for the offences under Sections 147,148,341,294(b),324 and 506(ii) of IPC, on the file of https://hcservices.ecourts.gov.in/hcservices/

the first respondent Police.

4. It appears that the parties viz., the petitioners and the second respondent, after registration of the case, have amicably settled their dispute out side of Court and they have also entered into a compromise. The joint compromise memo, 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 for quashing the Criminal case.

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.1277 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 (Crl Side) /True copy/ Sub Assistant Registrar Encl.: Xerox Copy of Compromise Memo To

1. The Inspector of Police, Avaniyapuram Police Station, Madurai City.

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

+ 1 CC TO MR.P.Muthupandi, ADVOCATE IN SR No.77917 trp MK/SV MMS/SAR-3/2P/4C/15.09.2017 CRL.O.P.(MD)No.11812 of 2017 07.09.2017 https://hcservices.ecourts.gov.in/hcservices/