Madras High CourtCRL OP(MD)/17141/2017allowed

Ajith v. The Sub-Inspector Of Police

2017-12-15Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD) No.17141 of 2017 1.Ajith 2.Divyaprakash ... Petitioners/ Accused Nos. 1 & 5 Vs 1.State Represented by The Sub-Inspector of Police, Thalakulam Police Station, Madurai City.

(Crime No.1876 of 2017) ... 1st Respondent /Complainant 2.Madhankumar ... 2nd Respondent/De-facto Complainant PRAYER : Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records and quash the proceedings in Crime No.1876 of 2017 on the file of the first respondent Police.

For Petitioner : Mr.V.Thirumal For 1st Respondent : Mr.K.S.Duraipandian Additional Public Prosecutor For 2nd Respondent : Mr.S.Sivabalan COMMON ORDER This Criminal Original Petition has been filed to call for the records and quash the proceedings in Crime No.1876 of 2017 on the file of the first respondent Police.

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 5 in Crime No.1876 of 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.1876 of 2017 for the alleged offences u/s 147, 148, 323, 324, 341 and 506(ii) IPC.

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4. It appears that the parties have settled their dispute amicably out of Court. The petitioners and the second respondent

in the case said to have entered into a compromise and a Joint Compromise Memo dated 11.12.2017, signed by the petitioners and the second respondent in the presence of their respective counsels and produced before the court. In the Joint Compromise Memo, the second respondent in the case has agreed to compromise the matter and quash the First Information Report in the crime.

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 Crime No.1876 of 2017 on the file of the Sub-Inspector of Police, Thalakulam Police Station, Madurai City is quashed in toto. The Joint Compromise Memos signed by the parties shall form part of the order.

7.Accordingly, these Criminal Original Petition is allowed. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To Enclosure: The Joint Compromise Memo signed by the parties shall form part of the order (Xerox Copy) 1.The Sub-Inspector of Police, Thalakulam Police Station, Madurai City.

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

+1cc to M/S.V.Thirumal, Advocate SR.No. 92985 CRL.O.P.(MD)No.17141 of 2017 15.12.2017 trp/vsg JM/SV MMS/SAR 1/18.01.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/