Anbalagan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.10.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P(MD)No.13724 of 2017

1. Anbalagan

2. Maruthu Pandi

3. Veerapandi ... Petitioners/Accused No.1 and not known Vs.

1. The State rep. by, The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

(Crime No.321 of 2016) ... 1st Respondent/Complainant

2. Harikrishnan ... 2nd Respondent/ De-facto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to quash the case in C.C.No.187 of 2017 on the file of the learned Additional District Munsif cum Judicial Magistrate, Manamadurai, Sivagangai District, by accepting to Joint Compromise Memo, dated 05.10.2017.

For Petitioners : Mr.R.Prabu Ramachandran For R-1 : Mr.K.S.Durai Pandiyan, Additional Public Prosecutor.

For R-2 : Mr.N.Saravanan ***

O R D E R

This Criminal Original petition is filed for quashing the criminal proceedings in C.C.No.187 of 2017 on the file of the learned Additional District Munsif cum Judicial Magistrate, Manamadurai, Sivagangai District, by accepting to Joint Compromise Memo, dated 05.10.2017.

2. Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the first respondent and the learned counsel appearing for the second respondent.

3.The first petitioner is the first accused and the other petitioners are not ranked in the proceedings. On the basis of the complaint lodged by the second respondent/de-facto complainant, a case was registered in Crime No.321 of 2016, dated 23.06.2016, for the offences under Sections 294(b), 323, 506(i) of I.P.C., and Section 4 of Tamil Nadu Prohibition of Women Harassment Act, 2002.

4. After filing of the Charge Sheet, the case was taken on file in C.C.No.187 of 2017 before the learned Additional District Munsif cum Judicial Magistrate, Manamadurai, Sivagangai District.

5. It appears that the parties, namely, the petitioners and the second respondent have settled their dispute amicably out of Court, on the advise of the elders and relatives. The parties also have entered into a compromise. A Joint Compromise Memo, dated 05.10.2017, signed by the petitioners and the de-facto complainant in the presence of their respective counsels is produced before this Court. As per the Joint Compromise memo, the defacto complainant has agreed for quashing the proceedings in C.C.187 of 2017 on the file of the learned Additional District Munsif cum Judicial Magistrate, Manamadurai, Sivagangai District.

6. The parties, namely, the petitioners and the second respondent 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.

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, on the basis of the Joint Compromise Memo signed by the parties, the Criminal Original petition is allowed and the Charge Sheet filed in C.C.No.187 of 2017 on the file of the learned Additional District Munsif cum Judicial Magistrate, Manamadurai, Sivagangai District, is quashed in toto. The Joint Compromise Memo signed by the parties shall form part of the order.

Encl: Joint Compromise Memo Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar

To

1. The Additional District Munsif cum Judicial Magistrate, Manamadurai, Sivagangai District.

2. The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

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

+1cc to Mr.R.Prabu Ramachandran, Advocate Sr.No.82342 PMU VB/SKN/RSK/SAR1/25/10/2017/3P/5C CRL OP(MD)No.13724 of 2017 11.10.2017