Madras High CourtCRL OP(MD)/16525/2017allowed

Kallanai v. The Inspector Of Police

2017-12-04Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.12.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD) No.16525 of 2017 Kallanai ... Petitioner/Sole Accused -Vs1.The State represented by The Inspector of Police, Sholavandan Police Station, Madurai District.

(in Crime No.556 of 2017)...1st Respondent / Complainant 2.Murugan ...2nd Respondent / De-facto complainant PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the entire records in Crime No.556 of 2017 pending on the file of the Inspector of Police, Sholavandan Police Station, Madurai District and quash the same. For Petitioner : Mr.M.Pitchai Muthu For R1 : Mr.K.S.Duraipandian Additional Public Prosecutor For R2 : Mr.M.Thiyagarajan ***

O R D E R

This Criminal Original Petition has been filed to call for the entire records in Crime No.556 of 2017 pending on the file of the first respondent police and quash the same.

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.556 of 2017 on the file of the first respondent police. Based on the complaint lodged by the second respondent, a case was registered in Crime No.556 of 2017 for the offences punishable under Sections 341, 294(b) and 506(i) IPC r/w Section 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003, as against the petitioner.

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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 relatives and a compromise was also reached. A Joint Compromise Memo, dated 26.11.2017, 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 has agreed for quashing the First Information Report in Cr.No.556 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.556 of 2017 pending on the file of the Inspector of Police, Sholavandan Police Station, Madurai 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 /True Copy/ Sub-Assistant Registrar (*)JOINT COMPROMISE MEMO XEROX COPY IS ENCLOSED HEREWITH To 1.The Inspector of Police, Sholavandan Police Station, Madurai District.

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

Cmr RL/3C/2P/JC/SAR1/20/12/2017 CRL.O.P.(MD) No.16525 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 04.12.2017