Raja v. The Deputy Superintendent Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.02.2017
CORAM
THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD) No. 1182 of 2017
1. Raja
2. Palpandi .. Petitioners/A1 and A2 -Vs1.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Thirumangalam, Madurai District.
2.The Sub Inspector of Police, Kallikudi Police Station, Thirumangalam Taluk, Madurai District.
... Respondents 1 & 2 / Complainants 3.K.Marimuthu ... 3rd Respondent / Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to quash the case in Spl.S.C.No.25 of 2015 (on the file of the III-Additional District and Sessions Court (PCR), Madurai by accepting the Joint compromise memo, dated 24.01.2017.
For Petitioners : Mr.R.Gowrishankar For R1 and R2 : Mr.S.Prabha Government Advocate (Crl. Side) For R3 : Mr.K.Radhakrishnan
O R D E R
This petition has been filed to quash the case in Spl.S.C.No.25 of 2015 (on the file of the III-Additional District
and Sessions Court (PCR), Madurai by accepting the Joint compromise memo, dated 24.01.2017.
2. Heard the learned counsel for the petitioners, the learned counsel for the third respondent and the learned Government Advocate (Crl. Side) for the 1st and 2nd respondents.
3. The learned counsel for the petitioners would submit that based on the complaint given by the third respondent/de facto complainant, a case has been registered against the petitioners in Crime No.54 of 2013, for the offences under Sections 294(b), 323, 324 and 307 of IPC., read with Section 3(ii)(V) of SC/ST Act, 1989, on the file of the first respondent police and after filing charge sheet the same has been taken on file as Spl.S.C.No.25 of 2015, on the file of the III-Additional District and Sessions Court, (PCR), Madurai.
4. When the matter is taken up for hearing today, both the petitioners as well as the third respondent are appeared in person and their identifications were also verified by this Court, in addition to the confirmation of the identity of the parties by the learned Government Advocate (Crl. Side) through the respondent police and they categorically made a statement that the dispute between them have been settled amicably. They also filed a joint memo of compromise dated 24.01.2017, duly signed by both parties and counter signed by their respective Counsel.
5. In view of the above, since the dispute between the parties was amicably settled out of Court, there is no necessity to keep this case pending. Accordingly, this Criminal Original Petition is allowed and the entire proceedings in Crime No.54 of 2013, for the offences under Sections 294(b), 323, 324 and 307 of IPC., read with Section 3(ii)(V) of SC/ST Act, 1989, on the file of the first respondent and the consequential proceedings in Spl.S.C.No.25 of 2015, on the file of the III-Additional District and Sessions Court, (PCR), Madurai, is hereby quashed. The joint memo of compromise shall form a part of this order. Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar (*)Herin enter the Joint Compromise Memo enclosed. To 1.The III-Additional District and Sessions Court, (PCR), Madurai, 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Thirumangalam,Madurai District.
3.The Sub Inspector of Police, Kallikudi Police Station,Thirumangalam Taluk,Madurai District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 cc to M/s.R.Gowrishankar, Advocate in SR.No. 6459 PJL CSL/BS/28.02.2017 : 2P/6C Crl.O.P.(MD).No.1182 of 2017 06.02.2017