R.Manikandan @ Mani v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2017
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.OP.(MD) No.14871 of 2017 1.R.Manikandan @ Mani 2.A.Mohamed Munir @ Munir ... Petitioners / Accused No.1 & 3 Vs.
1.The State represented by The Inspector of Police, Melur Police Station, Madurai District.
... 1st Respondent / Complainant 2.C.Selvaraj ... 2nd Respondent / De-facto complainant PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records pertaining to the Crime No.271 of 2015 on the file of the Inspector of Police, Melur Police Station, Madurai and quash the name of 1st and 3rd Accused. For Petitioner : Mr.C.Abulkalam Azad For R1 : Mr.K.S.Durai Pandian Additional Public Prosecutor For R2 : Ms.K.Vidya
ORDER
This Criminal Original Petition has been filed to call for the records pertaining to the Crime No.271 of 2015 on the file of the Inspector of Police, Melur Police Station, Madurai and quash the same as against the petitioners concerned.
2.Heard the learned Counsel appearing for the petitioners, the learned Additional Public Prosecutor appearing for the first respondent and the learned Counsel appearing for the second respondent.
3.The petitioners are accused No.1 and 3 in Crime No.271 of 2015. Based on the complaint lodged by the second respondent, as against the petitioners and two others, a case was registered by the first respondent police, in Crime No.271 of 2015, for the alleged offences under Sections 294(b), 342, 323 and 307 IPC r/w Sections 3 (1)(r)(s) SC/ST (POA) Act, 2014.
4.It appears that on the advice of elders and well wishers, the parties have settled their dispute amicably and they have also
entered into a compromise. A Joint Compromise Memo, dated 03.11.2017, signed by both parties, in the presence of their respective counsel, is also produced before this Court. As per the Joint Compromise Memo, the de-facto complainant, namely, the second respondent has no objection for quashing the First Information Report in Crime No.271 of 2015, insofar as the petitioners are concerned.
5.Today, the parties appeared before this Court and expressed in unequivocal terms that they have signed 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.
6.Under normal circumstances, a criminal case attracting provisions of the Scheduled Case/Schedule Tribes (Prevention of Atrocities) Amendment Ordinances-2014, cannot be quashed, on the ground that compromise has been entered into both parties. Though the complaint states serious offences, the de-facto complainant has agreed to withdraw the complaint, taking into account the public peace and harmony. In the compromise memo, the de-facto complainant has agreed to quash the criminal proceedings and it is likely that the criminal case will end in acquittal, of course, after some harassment and inconvenience to the parties. The Honourable Supreme Court also in a case of this nature, when the offence is non compoundable, has quashed the proceedings on the basis of compromise memo.
7.As per 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 criminal proceedings in Crime No.271 of 2015, on the file of the Inspector of Police, Melur Police Station, Madurai District, is quashed insofar as the petitioners are concerned. The Joint Compromise Memo signed by the parties shall form part of the order.
8.Accordingly, the Criminal Original Petition is allowed. Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To 1.The Inspector of Police, Melur Police Station, Madurai District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+2cc to M/S.C.Abulkalam Azad, Advocate SR.No. 85746 CRL.OP.(MD) No.14871 of 2017 07.11.2017 CMR JM/MR KKR/SAR 4/21.11.2017/3P/5C