Maharajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.12206 of 2017 1.Maharajan 2.Radhakrishnan @ Vellaipandi 3.Suyambulingam @ Ganapathy ... Petitioner/Accused No.1 to 3 -Vs1. State rep. by its, The Inspector of Police, ALGSC, Thoothukudi, (In Crime No.17 of 2016) ... 1st Respondent/Complainant

2. Manthiram ... 2nd Respondent/Defacto Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for entire records in relating to the entire proceedings of the F.I.R in Crime No.17 of 2016 on the file of the first respondent and quash the same.

For Petitioner :

Mr.K.Suyambulinga Bharathy For R-1 :

Mr.K.Anbarasan, Government Advocate(Crl.side) For R-2 : Mr.N.Ramesh Arumugam

O R D E R

This Criminal Original petition is filed against the proceedings of the F.I.R in Crime No.17 of 2016 on the file of the first respondent.

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 petitioners are accused 1 and 3 in Crime No.17 of 2016 on the file of the first respondent. On the complaint given by the second respondent, the case was registered for the offences under Sections 465, 468, 471 and 420 IPC.

4.It appears that parties, namely, the petitioners and the second respondent have settled their dispute amicably and it is further stated that the rectification deeds as agreed between parties have also been executed by the parties. They have also https://hcservices.ecourts.gov.in/hcservices/

entered into a compromise.

5.A Joint compromise memo dated 06.09.2017 signed by the parties in the presence of their respective counsels is produced before this Court. As per the joint compromise memo, the parties have entered into compromise at the intervention of the elders and friends. The defacto complainant has agreed to quash the criminal complaint.

6.The parties namely the petitioners and the second respondent appeared before this Court today 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.

7.Having regard to the compromise entered into between the parties, this Court is of the view that no useful purpose will be served by keeping this matter pending. Hence the criminal proceedings in Crime No.17 of 2016 on the file of the first respondent, Thoothukudi, is quashed in toto and 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-III) /True Copy/ Sub Assistant Registrar Encl.: Xerox copy of Compromise Memo To

1. The Inspector of Police, ALGSC, Thoothukudi.

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

+ 1 CC TO Mr.M.S.JEYAKARTHICK, ADVOCATE IN SR No. 79193 MRN/PJL TE/MR-KKR/SAR-I : 10/10/2017 : 2P/4C Crl.O.P.(MD) No.12206 of 2017 15.09.2017 https://hcservices.ecourts.gov.in/hcservices/