Shanmugasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL OP(MD)No.16311 of 2017

1. Shanmugasamy

2. Ajith ... Petitioners/Accused Nos.1 and 2 Vs.

1.The State represented by, The Inspector of Police, Ottapidaram Police Station, Tuticorin District.

(Crime No.100 of 2017) ... 1st Respondent /Complainant

2. Kasbaar ... 2nd Respondent/De-facto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records in First Information Report in Crime No.100 of 2017 on the file of the first respondent and to quash the same.

For Petitioners : Mr.V.Malaiyendran For R-1 : Mr.K.S.Durai Pandiyan, Additional Public Prosecutor.

For R-2 : M/s.V.Selva ***

O R D E R

This Criminal Original petition is filed to call for the records and to quash the First Information Report in Crime No.100 of 2017 on the file of the first respondent.

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

3.The petitioners are the accused Nos.1 and 2 in Crime No.100 of 2017 on the file of the first respondent police. On the basis of the complaint lodged by the second respondent/de-facto complainant, a case was registered in Crime No.100 of 2017, dated 07.07.2017, for the alleged offences under Sections 147, 341, 294 (b), 323 and 506(i) of I.P.C.

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4. 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 family members. The parties also have entered into a compromise. The Joint Compromise Memo, dated 20.11.2017, signed by the petitioners and the de-facto complainant in the presence of their respective counsels is produced before this Court. As per the memo of compromise, the second respondent has agreed for quashing the First Information Report in Crime No.100 of 2017 on the file of the first respondent.

5. The parties, namely, the petitioners and the second respondent 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. Having regard to 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, on the basis of the Joint Compromise Memo signed by the parties, the Criminal Original petition is allowed and the First Information Report in Crime No.100 of 2017 on the file of the first respondent is quashed in respect of the petitioners herein. The Joint Compromise Memo signed by the parties shall form part of the order. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar Encl: Xerox copy of Compromise Memo To

1. The Inspector of Police, Ottapidaram Police Station, Tuticorin District.

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

+ 1 cc TO Mr.V.Malaiyendran , Advocate in SR No. 90169 pmu AE/KK/SAR1/18.12.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/ CRL.O.P.(MD)No.16311 of 2017 28.11.2017