Vanaraja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.11.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.15954 of 2017 Vanaraja ... Petitioner / Sole Accused -Vs1.The State represented by The Inspector of Police, Thideer Nagar, Madurai City, Madurai.

...1st Respondent / Complainant 2.Sakthi Manicka Valli ...2nd Respondent / De-facto complainant PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records in FIR in Crime No.802 of 2017 on the file of the first respondent police and quash the same.

For Petitioner : Ms.T.K.Akalya For R1 : Mr.K.S.Durai Pandian Additional Public Prosecutor For R2 : Mr.P.Saravanan

O R D E R

This Criminal Original Petition has been filed to quash FIR in Crime No.802 of 2017 on the file of the first respondent police. 2.Heard the learned Counsel appearing for the petitioner, the learned Additional Public Prosecutor appearing for the first respondent and the learned Counsel appearing for the second respondent.

3.The petitioner is the sole accused in the criminal case in Cr.No.802 of 2017, pending on the file of the first respondent. Based on the complaint lodged by the second respondent, a case was registered in Crime No.802 of 2017, by the first respondent police, as against the petitioner, for the offences punishable under Section 506(i) IPC and Sections 3 and 4 the Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003.

https://hcservices.ecourts.gov.in/hcservices/ 4.It appears that the parties, namely, the petitioner and the second respondent have settled their dispute amicably out of Court,

at the intervention of elders and friends and they have also entered into a compromise. A Joint Compromise Memo, 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 has agreed for quashing the criminal complaint in Crime No.802 of 2017, 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.802 of 2017, on the file of the first respondent police, namely, the Inspector of Police, Thideer Nagar, Madurai City, Madurai, 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(CO) /True Copy/ Sub Assistant Registrar To Encl:Xerox copy of Compromise Memo 1.The Inspector of Police, Thideer Nagar, Madurai City, Madurai.

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

+1cc to Mr.P.SARAVANAN Advocate in SR. No. 88968 +1cc to M/s. T.K.AKALYA Advocate in SR. No. 88960 CMR JS/SV.MMS/SAR.4/29.11.2017/2P-5C Crl.O.P.(MD) No.15954 of 2017 22.11.2017 https://hcservices.ecourts.gov.in/hcservices/