Alex, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.12386 of 2017 1.Alex 2.Paldurai 3.Panthanam

...Petitioners/Accused Nos.1 to 3

-Vs1.The State represented by The Inspector of Police, Usilampatti Town Police Station, Madurai.

(In Crime No.464 of 2015) ...1st Respondent/Complainant 2.Udhayakumar ... 2nd Respondent/De-facto Complaina Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records relating to the FIR in Crime No.464 of 2015 on the file of the 1st respondent police and quash the same.

For Petitioners :Mr.A.George Stephen For R-1 :Mr.K.Anbarasan, Government Advocate(Crl. side).

For R-2 :Mr.M.Murugesan ****

O R D E R

This Criminal Original Petition has been filed to quash records relating to the FIR in Crime No.464 of 2015 on the file of the 1st respondent police.

2.Heard the learned Counsel appearing for the petitioners, 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 Nos.1 to 3 in Cr.No.464 of 2015. Based on the complaint received from the second respondent, against the petitioners, the case was registered in Crime No.464 of 2015 on the file of the first respondent police for the offences punishable under Sections 294(b), 341, 326 and 506(ii) IPC.

https://hcservices.ecourts.gov.in/hcservices/ 4.It appears that the petitioners and the de-facto complainant have settled their dispute amicably out of Court and they have

also entered into compromise. A Joint Compromise Memo, signed by both parties, in the presence of their respective counsel, is also filed.

As per the Joint Compromise Memo, the de-facto complainant, namely, the second respondent has agreed to quash the First Information Report in Cr.No.464 of 2015. 5.The parties appeared before this Court and expressed in unequivocal terms that they have signed the Joint Compromise Memo on their own will and free 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 Government Advocate (Criminal side) through the first respondent police. 7.Having regard to 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 Cr.No.464 of 2015 on the file of the Inspector of Police, Usilampatti Town Police Station, Madurai District is quashed in toto. 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 To 1.The Inspector of Police, Usilampatti Town Police Station, Madurai.

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

+1cc to Mr.A.GEORGE STEPHEN KANIKKAIRAJ ,Advocate,SR.80577 Crl.O.P.(MD) No.12386 of 2017 20.09.2017 CMR KK/SVMMS/SAR 1/06.10.2017/ 2P- 4C https://hcservices.ecourts.gov.in/hcservices/