Ajith, 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.15886 of 2017 1.Ajith 2.Murasingh @ Vikky 3.Praveenkumar 4.Prabakar 5.Poomurugan 6.Pugalraj 7.Gnanamadhavan 8.Arun Pandian 9.Sathesh Kumar 10.Yuvaraj 11.Anandaraja : Petitioners / Accused Nos.1 to 11 -Vs1.The State represented by The Inspector of Police, Paramakudi Police Station, Ramanathapuram District. : 1st Respondent / Complainant 2.Rajiv Gandhi : 2nd Respondent / De-facto complainant PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the entire records connected with the case in Crime No.419 of 2016 pending on the file of the respondent police and quash the same.

For Petitioners : Mr.S.Malaikani For R1 : Mr.K.S.Duraipandian Additional Public Prosecutor For R2 : Mr.R.Karunanithi

O R D E R

This Criminal Original Petition has been filed to quash the case in Crime No.419 of 2016 pending on the file of the respondent police.

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.

https://hcservices.ecourts.gov.in/hcservices/ 3.The petitioners are the Accused No.1 to 11 in the criminal

case in Cr.No.419 of 2016, pending on the file of the first respondent. Based on the complaint lodged by the second respondent, a case was registered in Crime No.419 of 2016, by the first respondent police, for the offences punishable under Sections 147, 148, 294(b), 324, 323 and 307 IPC.

4.After the registration of complaint, it appears that the parties, namely, the petitioners and the second respondent have settled their dispute amicably out of Court, at the intervention of elders and relatives and they have also entered into a compromise. A Joint Compromise Memo, dated 16.11.2017, signed by both the parties, in the presence of their respective Counsels, is also produced before this Court. As per the Joint Compromise Memo, the second respondent had agreed to allow this petition and to quash the criminal complaint in Crime No.419 of 2016, pending on the file of the first respondent police.

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.419 of 2016, on the file of the first respondent police, namely, the Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District, is quashed in toto. 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 (Records) /True Copy/ Sub Assistant Registrar Encl.: Xerox copy of Compromise Memo To

1. The Inspector of Police, Paramakudi Police Station, Ramanathapuram District.

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

+ 1 CC TO Mr.S.MALAIKANI, ADVOCATE IN SR No. 88969 CMR TE/SKN-RSK/SAR-4 : 28/11/2017 : 2P/4C Crl.O.P.(MD) No.15886/2017 23.11.2017 https://hcservices.ecourts.gov.in/hcservices/