Kumar Alias Muthukumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No. 14443 of 2017 Kumar @ Muthukumar ... Petitioner / Accused No.2 -Vs1.The Inspector of Police, Alangulam Police Station, Tirunelveli District.

(in Crime No.327 of 2017) 2.Minor Nithin (Rep.by his father and guardian, Mr.Chokkiah) ... Respondents/Complainants Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records and quash the F.I.R. in Crime No.327 of 2017 on the file of the first respondent police registered on the Complaint preferred by the second respondent as against this petitioner.

For Petitioners : Mr.G.Prabhu Rajadurai For R-1 : Mr.K.S.Durai Pandian Additional Public Prosecutor For R-2 : Mr.R.Maheshwaran

O R D E R

This Criminal Original Petition has been filed to quash the F.I.R. in Crime No.327 of 2017 on the file of the first respondent police registered on the Complaint preferred by the second respondent as against this petitioner.

2.Heard the learned Counsel appearing for the petitioner, the learned Additional Public Prosecutor appearing for the first respondent and the learned Counsel appearing for the second respondent.

https://hcservices.ecourts.gov.in/hcservices/ 3.The petitioner is Accused No.2 in Cr.No.327 of 2017. Based on the complaint lodged by the second respondent, against the

petitioner, the case was registered in Crime No.327 of 2017, on the file of the first respondent police, for the offences punishable under Sections 147, 294(b), 323 and 506(i) IPC. 4.It appears that on the advise of the elders and friends, the petitioner and the second respondent have agreed to compromise the matter, out of Court. The parties have entered into a compromise and 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.327 of 2017 insofar as the petitioner is concerned. 5.The parties 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. 6.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 Crime No.327 of 2017, on the file of the first respondent police, is quashed in so far on the petitioner is concerned. 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(T&P) /True Copy/ Sub Assistant Registrar To The Inspector of Police, Alangulam Police Station, Tirunelveli District.

+ 1 cc TO Mr.G.Prabhu Rajadurai , Advocate in SR No. 89157 gsp AE/MR KKR/SAR2/12.12.2017/2P/3C Crl.O.P.(MD) No. 14443 of 2017 23.11.2017 https://hcservices.ecourts.gov.in/hcservices/