N.Sankarapandian v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.09.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.11875 of 2017 N.Sankarapandian ... Petitioner/Accused No.1 -Vs1. State rep.by The Inspector of Police, Thallakulam Police Station, Madurai City.

(Crime No.959 of 2017) ... 1st Respondent/Complainant

2. M.Chellapandi ... 2nd Respondent/DefactoComplainant Prayer: Criminal Original petition is filed under Section 482 of Code of Criminal Procedure, to call for the records for the First Information Report in Crime NO.959 of 2017 dated 31.05.2017 on the file of the first respondent police and quash the same. For Petitioners : Mr.K.Suresh For R-1 : Mr.K.Anbarasan, Government Advocate(Crl.side).

For R-2 : Mr.P.M.Vishnuvarthanan

O R D E R

This Criminal Original petition is filed to call for the records in Crime No.959 of 2017 dated 31.05.2017 on the file of the first respondent police and quash the same.

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 petitioner is the first accused in Crime No.959 of 2017. On the basis of a complaint lodged by the second respondent, a case was registered in Crime No.959 of 2017 for the offences punishable under Section 379 of IPC on 31.05.2017.

4. It appears that parties viz., petitioner / first accused and the de facto complainant have settled their dispute amicably out of Court. They have also entered into a compromise. A joint

compromise memo dated, 05.09.2017 singed by the parties in the presence of their respective counsel produced before this Court. As per the terms of the joint compromise memo, the parties have requested to quash the First Information Report in Crime No.959 of 2017 on the file of the first respondent Police.

5. The parties viz., the petitioner and the second respondent 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.959 of 2017 on the file of the first respondent Police, is quashed in so far as the first accused is concerned 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 (CS-I) /True copy/ Sub Assistant Registrar Encl.: Xerox Copy of Compromise Memo To

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

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

+ 1 CC TO MR.K.Suresh, ADVOCATE IN SR No. 77535 trp MK/MR KKR/SAR-2/2P/4C/21.09.2017 Crl.O.P.(MD) No.11875 of 2017 08.09.2017