Madras High CourtCRL OP(MD)/13635/2016allowed

P. Dinesh @ Dinesh Kumar v. The Sub Inspector Of Police

2016-11-17Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.13635 of 2016 P.Dinesh @ Dinesh Kumar ... Petitioner/A3 -vs1.

The Sub-Inspector of Police, Tirumangalam Town Police Station, Madurai District.

... 1st Respondent/Complainant 2.

S.Prema ...2nd Respondent/Defacto Complainant Prayer: Petition filed under Section 482 of Code of Criminal Procedure to call for the records in Crime No.4 of 2014 on the file of the first respondent and quash the FIR as against the petitioner herein.

For Petitioners :

Mr.S.Kannan For R1 :

Mr.P.Kannithevan Government Advocate(Crl.side) For R2 :

Mr.R.Suresh

O R D E R

This petition has been filed seeking to quash FIR in Crime No.4 of 2014 on the file of the first respondent, pursuant to the amicable settlement effected between the parties.

2. It is seen that a case in Crime No.4 of 2014 for the alleged offences under Sections 294(b), 323, 448, 379 and 506(ii) IPC and Section 4 of TNPWH Act has been registered against the petitioner/A3.

3. When the matter is taken up for hearing, the petitioner/A3 and the second respondent, appeared in person and their identifications were also verified by this Court. Learned counsel appearing for the parties also endorsed the identity of their respective parties.

https://hcservices.ecourts.gov.in/hcservices/

4. The learned counsel appearing on either side filed a joint memo of compromise dated 01.11.2016, duly stating that since the

parties have arrived at an amicable settlement by way of compromise among themselves, the second respondent has agreed to quash FIR in Crime No.4 of 2014 pending on the file of the first respondent police.

5.Considering the nature of allegations and in view of joint memo of compromise dated 11.11.2016, this Court is of the opinion that no useful purpose would be served in keeping the proceeding pending. Therefore, FIR in Crime No.4 of 2014 pending on the file of the first respondent police. in respect of the petitioner/A3 is hereby quashed.

6. Accordingly, this Criminal Original Petition is allowed on the basis of the compromise entered into between the parties. The joint compromise memo dated 01.11.2016 shall form part of this order.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar CM To:

ENCL: XEROX COPY OF COMPROMISE MEMO 1.

The Sub-Inspector of Police, Tirumangalam Town Police Station, Madurai District.

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

JAM/01.12.16/SS 2/2P-3C Crl.O.P.(MD) No.13635 of 2016 17.11.2016 https://hcservices.ecourts.gov.in/hcservices/