S.Saravanan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.12.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD) No.16601 of 2017 S.Saravanan ... Petitioner/ Accused -Vs1.The State represented by The Inspector of Police, Keelavalavu Police Station, Madurai District.

(Crime No.202/14) ...1st Respondent / Complainant 2.K.Thiyagarajan ...2nd Respondent / De-facto complainant PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records of FIR in Cr.No.202 of 2014 on the file of the first respondent and to quash the same as illegal.

For Petitioner : Mr.C.Gunasekaran For R1 : Mr.K.S.Duraipandian Additional Public Prosecutor For R2 : Mr.S.Sathya Chidambaram ***

O R D E R

This Criminal Original Petition has been filed to call for the records of FIR in Cr.No.202 of 2014 on the file of the first respondent and to quash the same as illegal.

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 proceedings in Cr.No.202 of 2014 on the file of the first respondent police. Based on the complaint lodged by the second respondent, a case was registered in Crime No.202 of 2014, as against the petitioner, for the offences punishable under Sections 294(b), 323, 324 and 506(ii) IPC.

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4.After the registration of the complaint, 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 21.11.2017, 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 no objection for quashing the First Information Report in Cr.No.202 of 2014 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.202 of 2014 on the file of the first respondent police, namely, the Inspector of Police, Keelavalavu 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(RTI) /True Copy/ Sub-Assistant Registrar (*)THE JOINT COMPROMISE MEMO XEROX COPY IS ENCLOSED HEREWITH To 1.The Inspector of Police, Keelavalavu Police Station, Madurai District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +One cc to M/s.C.Gunasekaran, Advocate, SR.No.90925 +One cc to Mr.S.Sathya Chidambaram, Advocate, SR.No.90926 cmr RL/5C/2P/SV/MMS/SAR2/13/12/2017 CRL.O.P.(MD) No.16601 of 2017 05/12/2017 https://hcservices.ecourts.gov.in/hcservices/