R.Vijaya Sekaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P.(MD)No. 6828 of 2015 1.R.Vijaya Sekaran 2.B.Vijayakumar ... Petitioners/Accused-1&2 Vs.

1. The Inspector of Police, Aruppukottai town Police Station, (In Crime No.674 of 2013) ...1st Respondent /Complainant

2. M.Mahalingam ... 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, praying to quash the proceedings in P.R.C.No. 35/2014, on the file of the learned Judicial Magistrate, Aruppukottai, Virudhunagar District with respect to the petitioners/Accused No. 1 and 2.

For Petitioners : Mr.M.Gururaj For Respondent-1 : Mrs.S.Prabha Government Advocate (Crl.side) For Respondent-2 :Mr.G.Sivarajan

ORDER

This Criminal Original Petition has been filed to quash the proceedings in P.R.C.No.35/2014, on the file of the learned Judicial Magistrate, Aruppukottai, Virudhunagar District with respect to the petitioners/Accused No. 1 and 2.

2. Heard the learned counsels appearing for the petitioners and the second respondent/defacto complainant and the learned Government Advocate (Crl. Side) appearing for the first respondent/State and perused the records.

3. The Petitioners are arrayed as A1 and A2 in Crime No.674 of 2013 for the alleged offences punishable under Sections 341, 294 (b), 333, 323 and 307 of I.P.C.

4. When the matter is taken up for hearing today, a joint compromise memo, dated 17.03.2015 has been filed by the petitioners who has been arrayed as A1 and A2 and the third respondent, who is the defacto complainant, signed by the parties https://hcservices.ecourts.gov.in/hcservices/

as well as their respective counsels. The parties also appeared before the court. Both the counsels submitted that the proceedings may be quashed in view of the statement made in the joint compromise memo.

5. Considering the facts and circumstances of the case and after going through the memo this court is inclined to allow this petition, though the offence is major viz., under Sections 341, 294(b), 333, 323 and 307 of I.P.C.

6. Considering the nature of the complaint and relevant materials this court is of the view that no useful purpose will be served in pursuing the crime any further and also it is a fit case to be quashed.

7. In view of the same, this Criminal Original Petition stands allowed in terms of compromise memo and the proceedings in P.R.C.No.35/2014, on the file of the learned Judicial Magistrate, Aruppukottai, Virudhunagar District is quashed. The joint compromise memo shall form part of the order. Sd/- Assistant Registrar(AE) Encl:

Copy of Joint Compromise Memo /True Copy/ Sub Assistant Registrar To 1.The Judicial Magistrate, Aruppukottai, Virudhunagar District 2.The Chief Judicial Magistrate, Virudhunagar at Srivilliputhur

3. The Inspector of Police, Aruppukottai town Police Station

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

+1cc to MR. M.Gururaj, Advocate Sr.No.29956 pjl AA/24.06.2015/ 2p- 6c/ Crl.O.P.(MD)No. 6828 of 2015 11.06.2015 https://hcservices.ecourts.gov.in/hcservices/