Madras High CourtCRL OP(MD)/16991/2017allowed

Karthick v. The Inspector Of Police

2017-12-12Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.12.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD) No.16991 of 2017 Karthick ... Petitioner/ Sole Accused -Vs1.The State represented by, The Inspector of Police, Sivagangai Town Police Station, Sivagangai District.

(In Crime No.873 of 2017) ... 1st Respondent/ Complainant

2. Chithampararaja ...2nd Respondent / De-facto complainant PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records pertaining to the impugned First Information Report in Crime No.873 of 2017, dated 20.10.2017 on the file of the first respondent police and quash the same as illegal.

For Petitioner : M/s.S.Ragaventhre For R-1 : Mr.K.S.Durai Pandiyan, Additional Public Prosecutor.

For R-2 :M/s.S.T.Kanimozhi ***

O R D E R

This Criminal Original Petition is filed for quashing the First Information Report in Crime No.873 of 2017, dated 20.10.2017 on the file of the first respondent police as illegal.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent and the learned counsel appearing for the second respondent.

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3. It is stated that the petitioner is the sole accused in Crime No.873 of 2017 on the file of the first respondent. On the

basis of the complaint lodged by the second respondent, a case was registered in Crime No.873 of 2017 as against the petitioner herein for the alleged offences under sections 387 and 506(ii) of IPC.

4. After the registration of the criminal complaint, it is stated that the parties 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 signed by the parties in the presence of their respective Counsels is produced before this Court. As per the Joint Compromise Memo, the defacto complainant has agreed for quashing the First Information Report in Crime No.873 of 2017 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 Criminal Original petition is allowed and the First Information Report in Crime No.873 of 2017, dated 20.10.2017 on the file of the first respondent police is quashed in toto. The Joint Compromise Memo signed by the parties shall form part of the order. Sd/- Assistant Registrar(AD-II) /True copy/ Sub Assistant Registrar ENCL:Xerox Copy of Joint Compromise Memo To 1.The Inspector of Police, Sivagangai Town Police Station, Sivagangai District.

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

+1cc to Mr.S.RAGAVENTHRE,Advocate,SR. 92515 CRL.O.P.(MD) No.16991 of 2017 12.12.2017 PMU KK/RSK/SAR 3/19.01.2018/ 2P-4C/ https://hcservices.ecourts.gov.in/hcservices/