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Madras High CourtCRL OP(MD)/8689/2015allowed

Pandi v. The Inspector Of Police

2015-04-30Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH CRL.OP.(MD)No.8689 of 2015 1.Pandi 2.Panjali Rajan 3.Poolpandi ... Petitioners/Accused Nos.1 to 3 Vs.

1.State rep. by The Inspector of Police, Tirunelveli Town Police station, Tirunelveli.

(Crime No.178 of 2015) ...1st Respondent/complainant 2.Mathesh Kumar .. 2nd Respondent/Defacto complainant Prayer: Petition filed under Section 482 of Criminal Procedure Code praying to call for the records pertaining to the impugned F.I.R in Crime No.178 of 2015 on the file of the first respondent police, quash the same.

For Petitioners ...

Mr.K.Gokul For R-1 ... Mr.K.Anbarasan, Govt. Advocate(Crl. Side)

ORDER

This Criminal Original Petition has been filed to quash the proceedings in Crime No.178 of 2015 on the file of the first respondent police.

2. The petitioners have been arrayed as accused in Crime No.178 of 2015 on the file of the first respondent police for the alleged commission of offences under Sections 294(b), 387 and 506 (ii) of I.P.C.

3. When the matter is taken up for hearing, the parties namely, the petitioners and the defacto complainant are present before this Court. Both parties submitted that the matter has been settled. A joint compromise memo has been filed, which contains the signature of the petitioners and the second respondent. The same was attested by the learned counsel on both sides. 4.Heard both sides and also perused the compromise memo. The appearance of the parties is recorded.

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5. In the compromise memo, it has been stated as follows: "2.It is submitted that the petitioners herein filed the above criminal original petition to quash the F.I.R. Thereafter the petitioners herein have settled their disputes amicably with the 2nd respondent/defacto complainant and moreover no such occurrence had taken place. Inspite of settlement between the petitioners herein and the 2nd respondent herein, the 2nd respondent is decided to ignore the further process of the case in Crime No.178/2015 on the file of the 1st respondent herein.

3.It is submitted that the 2nd respondent has given consent for quashing the F.I.R in Crime No.178/2015 on the file of the 1st respondent herein without any compulsion or coercion and he has accepted the compromise stated above."

6.Considering the submissions made and after going through the relevant documents and after looking at the nature of offences alleged against the petitioners, this Court is inclined to quash the proceedings pending against the petitioners. 7.Accordingly, this Criminal Original Petition is allowed and the proceedings in Crime No.178 of 2015 on the file of the first respondent, is quashed. The compromise memo shall form part of record.

Sd/- Assistant Registrar(Writ) /True copy/ Sub Assistant Registrar pm To 1.The Inspector of Police, Tirunelveli Town Police station, Tirunelveli.

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

CRL.OP.(MD)No.8689 of 2015 30.04.2015 RG.26.05.2015 2P.3C.

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