Rajesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.12.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.16987 of 2017 1.Rajesh 2.Ganesan 3.Arunkumar 4.Swathibalan @ Jothibalan ... Petitioners / Accused 1 to 4 -Vs1.State rep. by The Inspector of Police, Rajakkamangalam Police Station, Rajakkamangalam, Kanyakumari District.

(Crime No.54 of 2017) 2.Manonmani 3.Mahesh ... Respondents / Complainants (impleaded as per order dated 22.12.2017 made in Crl.M.P(MD).No.11701 of 2017) Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records in charge sheet in C.C.No.147 of 2017 on the file of the learned Judicial Magistrate No.I, Nagercoil and quash the same.

For Petitioners :

Mr.S. Karthick Subramanian For R-1 : Mr.K.S. Duraipandian Additional Public Prosecutor For R-3 : Mr.M. Silambarasan ***

O R D E R

This Criminal Original petition is filed to call for the records in charge sheet in C.C.No.147 of 2017 on the file of the learned Judicial Magistrate No.I, Nagercoil and quash the same.

2. Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the first respondent and the learned counsel appearing for the third respondent.

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3. The petitioners are the accused nos. 1 to 4 in Criminal Proceedings in C.C.No.147 of 2017 on the file of the learned Judicial Magistrate No.I, Nagercoil. On the basis of the complaint preferred by the second respondent / de facto complainant, a case was registered by the first respondent police in Crime No.54 of 2017 for the offences under Sections 294(b), 323, 324 and 506(ii) of IPC. Thereafter, the first respondent police has filed a charge sheet before the learned Judicial Magistrate No.I, Nagercoil and the same was taken on file in C.C.No.147 of 2017.

4. It appears that parties viz., petitioners and the third respondent / victim have settled their dispute amicably out of Court, at the instigation of the elders and well wishers and they have also entered into a compromise. A joint compromise memo signed by the petitioners and third respondent in the presence of their respective counsels is produced before this Court. As per the Compromise Memo, the third respondent has agreed to withdraw the criminal case and the petitioners and the third respondent have requested this Court to quash the proceedings in C.C.No.147 of 2017 on the file of the learned Judicial Magistrate No.I, Nagercoil.

5. As per the joint compromise memo, the petitioners and the third respondent, who have appeared before this Court have stated in unequivocal terms that the Joint Compromise Memo was signed by them on their own will and volition. The identities 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. Though the de facto complainant is not present before this Court, having regard to the fact that the victim has signed in the compromise, his presence is dispensed with.

6. In the said circumstances, this Court is of the view that no useful purpose will be served by keeping this matter pending. Hence, on the basis of the compromise memo signed by the parties, the Criminal Original petition is allowed and the proceedings pending in C.C.No.147 of 2017 on the file of the learned Judicial Magistrate No.I, Nagercoil is quashed in toto. The Joint Compromise Memo signed by the parties shall form part of the order.

Sd/- Assistant Registrar(CSIII) /True Copy/ Sub-Assistant Registrar (*)JOINT COMPROMISE MEMO XEROX COPY IS ENCLOSED HEREWITH To 1.The Judicial Magistrate No.I, Nagercoil.

2.The Inspector of Police, Rajakkamangalam Police Station, Rajakkamangalam,Kanyakumari District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Trp RL/4C/2P/SV/MMS/SAR3/2/2/2018 Crl.O.P.(MD) No.16987 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 22.12.2017