Karthick, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.10.2017
CORAM
THE HON'BLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) Nos. 14650 and 14651 of 2017 Crl.O.P.(MD) No. 14650 of 2017 1.Karthick 2.Arun 3.Ranjith Kumar 4.Rajkumar 5.Tamilselvi 6.Sindhumathi 7.Sumathi 8.Vasuki
...Petitioners/Accused 1 to 8
-Vs1.The Inspector of Police, Keelavalavu Police Station, Madurai District.
Crime No.301 of 2016 ...1st Respondent/Complainant 2.Maheswari ...2nd Respondent/Defacto Complainant.
Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for records pertaining to Crime No.301 of 2016 on the file of the first respondent police and quash the same.
For Petitioner :Mr.Senthil Kumaraiah For R1 :Mr.K.S.Durai Pandian Additional Public Prosecutor For R2 :Mr.E.Jeyaseelan Crl.O.P.(MD) Nos. 14651 of 2017 1.Senthilmurugan 2.Maheswari 3.Deivanai
...Petitioners
-Vs1.The Inspector of Police, Keelavalavu Police Station, Madurai District.
Crime No.302 of 2016 2.Ranjith Kumar
...Respondents
Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for records pertaining to Crime No.302 of 2016 on the file of the first respondent police and quash the same.
For Petitioners :Mr.E.Jeyaseelan For R1 :Mr.K.S.Durai Pandian Additional Public Prosecutor For R2 :Mr.J.Senthil Kumaraiah *** COMMON ORDER The Criminal Original petition in Crl.OP(MD) No.14650 of 2017 has been filed to quash the case in Crime No.301 of 2016 on the file of the first respondent police.
2.The Criminal Original petition in Crl.OP(MD) No.14651 of 2017 has been filed to quash the case in Crime No.302 of 2016 on the file of the first respondent police.
3.The petitioners in Crl.OP(MD) No.14650 of 2017 are the accused Nos.1 to 8 in Crime No.301 of 2016 and similarly the petitioners in Crl.OP(MD) No.14651 of 2017 are the accused Nos.1 to 3 in Crime No.302 of 2016. The third petitioner in Crl.OP(MD) No.14650 of 2017 is the de-facto complainant in Cr.No.302 of 2016 and second respondent in Crl.OP(MD) No.14651 of 2017 and the second petitioner in Cr.O.P.(MD) No.14651 of 2017 is the de-facto complainant in Cr.No.301 of 2016 and the second respondent in Crl.O.P.(MD) No.14650 of 2017.
4.The complaint in Crime No.301 of 2016 was registered for the offences punishable under Sections 147, 294(b), 323, 324 and 506(ii) IPC and Section 4 of Prohibition of Harassment of Woman Act, on the file of the first respondent police. Similarly, the complaint in Crime No.302 of 2016 was registered for the offences punishable under Sections 294(b), 323, 324 and 506(ii) of IPC and Section 4 of Prohibition of Harassment of Woman Act, on the file of the first respondent police.
5.It appears that on the advise of the elders and family members, the petitioners and the second respondent in both the cases have agreed to compromise the matter, out of Court. Joint Compromise Memos, dated 10.10.2017, signed by both parties, in the presence of their respective counsels, are also produced to record compromise. As per the Joint Compromise Memos, the de-facto complainant, namely, the second respondent, in both cases, have given their consent to quash the entire proceedings in Crime Nos.301 and 302 of 2016.
6.The parties appeared before this Court and expressed in unequivocal terms that they have signed in 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 Additional Public Prosecutor through the first respondent police.
7.Having regard to the specific terms of the Joint Compromise Memos, this Court is of the view that no useful or fruitful purpose will be served by keeping these matters pending. Hence the criminal proceedings in Crime Nos.301 and 302 of 2016, on the file of the first respondent police, namely, the Inspector of Police, Keelavalavu Police Station, Madurai District, are quashed in toto. The Joint Compromise Memos signed by the parties shall form part of the order.
8.Accordingly, these Criminal Original petitions are allowed. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar.
Herewith enclosed xerox copy of Compromise Memo in Crl.O.P.(MD) Nos. 14650 and 14651 of 2017 To The Inspector of Police, Keelavalavu Police Station, Madurai District.
Crl.O.P.(MD) Nos. 14650 and 14651 of 2017 31.10.2017 mm AM/SKN RSK/SAR 4/16.11.2017/3P/2C