C.Ramalingam v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.12.2017
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD) No.16996 of 2017 1.C. Ramalingam 2.Sankareswari ... Petitioners/ Accused Nos.1 and 2 Vs 1.The Inspector of Police, Nagamalai Pudukottai Police Station, Madurai District.
(Crime No.21 of 2016).
... Respondent / Complainant 2.A.Muniammal ... Respondent / Defacto complainant PRAYER:Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to accept the accompanied compromise memo and quash the proceedings in Crime No.21 of 2016, on the file of the Inspector of Police, Nagamalai Pudukottai, Madurai District. For Petitioners : Mr.L. Rajiah For R1 : Mr.K.S.Duraipandian Additional Public Prosecutor For R2 : Mr.Balasubramaniyan
O R D E R
This Criminal Original Petition has been filed to accept the accompanied compromise memo and quash the proceedings in Crime No.21 of 2016, on the file of the Inspector of Police, Nagamalai Pudukottai, Madurai District.
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.
3. The petitioners are accused Nos. 1 and 2 in Crime No.21 of 2016 on the file of the first respondent. Based on the complaint lodged by the second respondent, a case was registered in Crime No.21 of 2016 by the first respondent for the alleged offences under sections 147, 294(b), 506(i) of IPC r/w sections 3 and 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003. 4.It appears that the parties have settled their dispute amicably out of court. It is further stated that the parties have entered into a compromise. A Joint Compromise Memo signed by the petitioners and the second respondent in the presence of their respective counsel is produced before this court. As per the terms of the Joint Compromise Memo dated 06.12.
2017, the second respondent has agreed to quash the proceedings namely the First Information Report in Crime No.21 of 2016 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 Crime No.21 of 2016 on the file of the first respondent police, namely, the Inspector of Police, Nagamalai
Pudukottai 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 (CS-III) /True Copy/ Sub Assistant Registrar To (Encl. Xerox copy of Joint Compromise Memo) 1.The Inspector of Police, Nagamalai Pudukottai Police Station, Madurai District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1cc to M/S.L.RAJIAH, Advocate SR.No.91892.
CRL.O.P.(MD) No.16996 of 2017 11.12.2017 pnn /am SDS/SV:MMS/SAR 3/29.12.2017/3P/4C