Mookan @ Ramakrishnan, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.15737 of 2017 1.Mookan @ Ramakrishnan 2.Venkatesh 3.Ajith 4.Mayan 5.Raman @ Raveen 6.Chinnaraja 7.Pothuraja 8.Manoharan 9.Subbiah 10.Jeyaraman 11.Balaiah @ Balakrishnan 12.Ramu 13.Nagappan 14.Selvam 15.Manivannan ... Petitioners / Accused Nos.1 to 14 & 16 -Vs1.The State represented by The Inspector of Police, Sindhupatti Police Station, Madurai District.

(in Crime No.121 of 2016) ...1st Respondent /Complainant 2.Chinnan ...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 FIR in Crime No.121 of 2016 on the file of the first respondent police and quash the same insofar as concern the petitioners / Accused Nos.1 to 14 & 16 are concerned.

For Petitioners : Mr.S.Prabhu For R1 : Mr.A.Ramar Additional Public Prosecutor ***

O R D E R

This Criminal Original Petition has been filed to quash FIR in Crime No.121 of 2016 on the file of the second respondent police,

insofar as the petitioners are concerned.

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

3.The petitioners are accused Nos.1 to 14 and 16 in the criminal case in Cr.No.121 of 2016. Based on the complaint lodged by the second respondent, a case was registered in Crime No.121 of 2016, as against the petitioners and one other, by the first respondent police, for the offences punishable under Sections 147, 294(b), 323, 324, 506(ii) and 109 IPC. It is reported that 15th accused is no more and that therefore he is not a petitioner in this petition.

4.It appears that the parties have settled their dispute amicably out of Court, at the intervention of elders and well wishers and they have also entered into a compromise. A Joint Compromise Memo, signed by both parties, in the presence of their respective Counsel, is also produced before this Court. As per the Joint Compromise Memo, the second respondent has agreed for quashing the First Information Report in Cr.No.121 of 2016, 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 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.In view of 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 Cr.No.121 of 2016, on the file of the first respondent police, namely, The Inspector of Police, Sindhupatti Police Station, Madruai District, is quashed insofar as the petitioners are 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 (RTI) /True copy/ Sub Assistant Registrar ENCL:Xerox Copy of Joint Compromise Memo

To 1.The Inspector of Police, Sindhupatti Police Station, Madurai District.

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

+1cc to Mr.S.PRABHU,Advocate,SR. 88347 Crl.O.P.(MD) No.15737 of 2017 17.11.2017 CMR KK/SKN RSK/SAR 1/30.11.2017/ 3P- 4C