S.B.Anand, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.12.2017
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD) No.16769 of 2017
1. S.B.Anand
2. Mohanram ... Petitioners/ Accused Rank not known -Vs1.The State represented by The Inspector of Police, Vadipatty Police Station, Madurai District.
...1st Respondent / Complainant
2. John Micheal Kennedy ...2nd Respondent / De-facto complainant PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records connected to the FIR in Crime No. 523 of 2017 dated 25.09.2017 on the file of the first respondent police and quash the same as against the petitioners.
For Petitioner : Mr.M. Benazir Begum For R1 : Mr.K.S.Duraipandian Additional Public Prosecutor For R2 :Mr.K.M.Priscilla Jancy ***
O R D E R
This Criminal Original Petition has been filed to call for the records pertaining to the case in Crime No.523 of 2017 on the file of the first respondent police and quash the same against the petitioners.
2.Heard the learned Counsel appearing for the petitioners, the learned Additional Public Prosecutor appearing for the first respondent and the learned Counsel appearing for the second respondent.
https://hcservices.ecourts.gov.in/hcservices/ 3.The petitioners are the accused in the criminal case in Cr.No.523 of 2017 dated 25.09.2017 on the file of the first
respondent police. Based on the complaint lodged by the second respondent, a case was registered in Crime No.523 of 2017 by the first respondent for the alleged offences U/s 454 and 380 of IPC. 4.It is stated that the petitioners and the second respondent have settled their dispute amicably out of Court, at the intervention of elders and relatives. It is stated that the parties have also entered into a Compromise. A Joint Compromise Memo dated 10.11.2017, signed by the petitioners and the second respondent in the presence of their respective Counsels, is also produced before this Court. As per the Joint Compromise Memo, the petitioners agreed to close the complaint in Cr.No.523 of 2017 on the file of the first respondent.
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.523 of 2017 on the file of the first respondent police, namely, the Inspector of Police, Vadipatti 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 ENCL:-Xerox Copy of Joint Compromise Memo.
To 1.The Inspector of Police, Vadipatty Police Station, Madurai District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
CRL.O.P.(MD) No.16769 of 2017 07.12.2017 VSG/PNN KK/MR KKR/SAR 3/20.12.2017/ 2P- 3C/ https://hcservices.ecourts.gov.in/hcservices/