Ajith v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.11926 of 2017 1.Ajith 2.Ayyanar ... Petitioners / Accused No.1 to 2 -Vs1.The State represented by The Inspector of Police, Avaniyapuram Police Station, Madurai City.

(in Crime No.1279 of 2017) ...1st Respondent/ Complainant 2.Pandiyarajan ...2nd Respondent / De-facto complainant PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records of the First Information Report in Crime No.1279 of 2017 dated 12.07.2017 on the file of the first respondent police and quash the same as illegal and devoid of merits.

For Petitioners : Mr.M.Jegadeesh Pandian For R1 : Mr.K.S.Duraipandian Additional Public Prosecutor For R2 : Mr.P.Muthupandi ****

O R D E R

This Criminal Original Petition has been filed to call for the records for the First Information Report in Crime No.1279 of 2017 dated 12.07.2017 on the file of the first respondent police and quash the same as illegal and devoid of merits. 2.Heard the learned Counsel appearing for the petitioners, the learned Additional Public Prosecutor appearing for the first respondent and the learned Counsel appearing for the second respondent.

3.The petitioners are accused No.1 to 2 in Cr.No.1279 of 2017. Based on the complaint lodged by the second respondent, as against the petitioners, a case was registered in Crime.No.1279 of 2017 for the alleged offences under Sections 294(b), 324 and 506(ii) IPC and https://hcservices.ecourts.gov.in/hcservices/

Section 3(1)(r) of the SC/ST (Prevention of Atrocities) Amendment Act 2015.

4.It appears that the parties have settled their dispute amicably, at the intervention of relatives and elders and they have also entered into a compromise. A Joint Compromise Memo, dated 29.08.2017, signed by both parties, in the presence of their respective counsels, is also produced before this Court. As per the Joint Compromise Memo, the de-facto complainant, namely, the second respondent has expressed his willingness for quashing the criminal proceedings in Crime No.1279 of 2017.

5.Today, the parties 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 Additional Public Prosecutor through the first respondent police.

6.In view of 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 the First Information Report in Crime No.1279 of 2017, on the file of the Avaniyapuram Police Station, Madurai City, is quashed in toto. The Joint Compromise Memo signed by the parties shall form part of the order. 8.Accordingly, the Criminal Original Petition is allowed. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To Encl:Xerox copy of Compromise Memo 1.The Inspector of Police, Avaniyapuram Police Station, Madurai City.

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

CMR JS/SKN.RSK/SAR.1/21.11.2017/2P-3C Crl.O.P.(MD) No.11926 of 2017 07.11.2017 https://hcservices.ecourts.gov.in/hcservices/