Madras High CourtCRL OP(MD)/13121/2017allowed

Rajaguru, S/O.Alagappan, v. The Inspector Of Police,

2017-09-27Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN Crl.O.P.(MD).No.13121 of 2017 1.Rajaguru 2.Jeyalakshmi 3.Sabari @ Sabarimuthu 4.Udhaya @ Udayakumar 5.Vicky @ Vignesh 6.Senthil @ Senthilkumar 7.Yaswanth ... Petitioners/Accused 1 to 7 Vs.

1. The State of Tamilnadu Rep.by its Inspecor of Police, Karaikudi North Police Station, Sivagangai District, in Crime No.164 of 217.

... 1st Respondent/Complainant

2. Vadivelan ... 2nd Respondent/De-facto Complainant 3.Muthukumar ... 3rd Respondent/Injured Person PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. praying to call for the records in Crime No.164 of 2017 on the file of the 1st respondent police and quash the same as illegal. For Petitioners : Mr.R.Srinivasan For respondent No.1 : Mr.K.Anbarasan Govt. Advocate (Crl. side)

O R D E R

This criminal original petition is filed to quash the FIR in Crime No.164 of 2017 on the file of the 1st respondent police and quash the same.

2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Criminal side) appearing for the first respondent.

3.On the basis of the complaint given by the second respondent, a case was registered against the petitioners in Crime No.164 of 2017 under Sections 147, 148, 506(i), 341 and 307 of I.P.C. https://hcservices.ecourts.gov.in/hcservices/

4.It appears that at the advise of the elders and friends, the petitioners and the respondents 2 & 3 have agreed to compromise the matter out of Court. A Joint Compromise Memo, dated 25.09.2017, is also filed. In the Joint Compromise Memo signed by them, it is indicated that the defacto complainant is not interested in pursuing the above criminal complaint. The parties appeared before this Court and submitted that the Joint Compromise Memo signed by them was 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 concerned police.

5. Since the parties have entered into compromise and agreed that the First Information Report in Crime No.164 of 2017 may be quashed, this Court is of the view that no useful purpose will be served by keeping this matter pending. Hence, on the basis of the compromise memo signed by the parties, the First Information Report in Crime No.164 of 2017 on the file of the first respondent is quashed in toto and the Joint Compromise Memo signed by the parties shall form part of the order.

6. Accordingly, the Criminal Original petition is allowed. Sd/- Assistant Registrar (P & A) /True Copy/ Sub Assistant Registrar To (Encl. Xerox copy of Joint Compromise Memo)

1. The Inspecor of Police, Karaikudi North Police Station, Sivagangai District.

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

+1cc to M/S.R.SRINIVASAN, Advocate SR.No.81455. Crl.O.P.(MD).No.13121 of 2017 27.09.2017 https://hcservices.ecourts.gov.in/hcservices/ akv/psd SDS/SKN:RSK/SAR 1/07.11.2017/2P/4C