Madhavan, 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.16800 of 2017

1. Madhavan

2. Chokkalingam

3. Elayaraja

4. Gomathi ... Petitioners/ Accused No.1 to 4 -Vs1.The State represented by The Inspector of Police, Nachiyarpuram Police Station, Sivagangai District.

( Crime No.109 of 2015) ...Respondent / Complainant

2. Murugan @ Palanimurugan ...Respondent / De-facto complainant PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records in connection with C.C.No.121 of 2017 filed before the Learned Judicial Magistrate, Thiruppathur, Sivagangai District and quash the same. For Petitioner : Mr.R. Karunanidhi For R1 : Mr.K.S.Duraipandian Additional Public Prosecutor For R2 :Mr.Vanchinathan ***

O R D E R

This Criminal Original Petition has been filed to call for the records in connection with C.C.No.121 of 2017 filed before the Learned Judicial Magistrate, Thiruppathur, Sivagangai District and quash the same against the petitioners.

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 petitioners are accused Nos.1 to 4 in the proceedings

filed before the Learned Judicial Magistrate, Thiruppathur, Sivagangai District in C.C.No.121 of 2017. The second respondent lodged a complaint as against the petitioners and the case was registered for the alleged offences under section 147, 148, 341, 323 and 324 of IPC. After filing charge sheet, the case was also taken on file in C.C.No.121 of 2017 before the learned Judicial Magistrate, Thiruppathur, Sivagangai District.

4. It is submitted that the parties have settled their dispute amicably out of the Court at the intervention of well-wishers and have entered into a compromise. The Joint Compromise memo dated 27.11.2017, signed by the petitioners and the second respondent in the presence of their respective counsels and produced before the court. As per the Compromise Memo, the second respondent has agreed to quash the proceedings in C.C.No.121 of 2017 before the learned Judicial Magistrate, Thiruppathur, Sivagangai District. 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 criminal proceedings in C.C.No.121 of 2017 before the learned Judicial Magistrate, Thiruppathur, Sivagangai 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(CO) /True copy/ Sub Assistant Registrar Encl:-Xerox Copy of Joint Compromise Memo To 1.The Inspector of Police, Nachiyarpuram Police Station, Sivagangai District.

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

+1cc to Mr.S.VANCHINATHAN,Advocate,SR.91442 CRL.O.P.(MD) No.16800 of 2017 07.12.2017 VSG/PNN KK/JC/SAR 4/18.12.2017/ 3P- 4C/