Madras High CourtCRL OP(MD)/17360/2017allowed

Aananthakumar v. The Sub Inspector Of Police,

2017-12-18Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.12.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD) No.17360 of 2017 Ananthakumar : Petitioner/Sole Accused -Vs1.The Sub Inspector of Police, Chatrakudi Police Station, Ramanathapuram District.

(in Crime No.157 of 2017) : 1st Respondent / Complainant 2.Nirai Arul Moorthy : 2nd Respondent/De-facto Complainant PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the entire records in relation to FIR in Crime No.157 of 2017 on the file of the first respondent and quash the same.

For Petitioners : Mr.M.S.Jeyakarthik For R1 : Mr.K.S.Duraipandian Additional Public Prosecutor For R2 : Mr.A.Kartick Kumar ***

O R D E R

This Criminal Original Petition has been filed to call for the entire records in relation to FIR in Crime No.157 of 2017 on the file of the first respondent and quash the same. 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 petitioner is sole accused in Cr.No.157 of 2017 on the file of the Sub Inspector of Police, Chatrakudi Police Station, Ramanathapuram District. Based on the complaint lodged by the second respondent, a case was registered in Crime No.157 of 2017 for the offences punishable under Sections 294(b), 324 and 506(ii) of IPC. https://hcservices.ecourts.gov.in/hcservices/

4.After registration of the complaint, it appears that the parties, namely, the petitioner and the second respondent have settled their dispute amicably out of Court, at the intervention of elders and relatives and a compromise was also reached. A Joint Compromise Memo, dated 15.09.2017, signed by both the parties, in the presence of their respective Counsels, is also produced before this Court. As per the Joint Compromise Memo, the second respondent has agreed to withdraw the complaint and expressed that he has no objection for quashing the criminal proceedings in Cr.No.157 of 2017 pending on the file of the Sub Inspector of Police, Chatrakudi Police Station, Ramanathapuram 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 case in Cr.No.157 of 2017 pending on the file of the Sub Inspector of Police, Chatrakudi Police Station, Ramanathapuram District, is quashed in toto. The Joint Compromise Memo signed by the parties shall form part of the order. Accordingly, the Criminal Original Petition is allowed.

Sd/- Assistant Registrar(CSI) /True Copy/ Sub-Assistant Registrar To (*)JOINT COMPROMISE MEMO XEROX COPY IS ENCLOSED HEREWITH 1.The Sub Inspector of Police, Chatrakudi Police Station, Ramanathapuram District.

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

+One cc to Mr.M.S.Jeyakarthik, Advocate, SR.No.93395 cmr RL/4C/2P/SV/MMS/SAR1/23/1/2018 CRL.O.P.(MD) No.17360 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 18/12/2017