Jeevaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD) No.17446 of 2017 and CRL.M.P.(MD) No.11452 of 2017 Jeevaraj ... Petitioners/ Sole Accused -Vs1. The Inspector of Police, Nazareth Police Station, Thoothukudi District.

...Respondent No.1/Complainant

2. Immanuel

...Respondent No.2/De-facto complainant

PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records in F.I.R. vide Crime No.27 of 2017 dated 12.02.2017 on the file of the first respondent and quash the same as illegal.

For Petitioner : Mr.V.Rajiv Rufus For R1 : Mr.K.S.Duraipandian Additional Public Prosecutor For R2 : Mr.G.Bhagavath Singh

O R D E R

This Criminal Original Petition has been filed to call for the records in F.I.R. vide Crime No.27 of 2017 dated 12.02.2017 on the file of the first respondent and quash the same against the petitioners.

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 the sole accused in the criminal case in Cr.No.27 of 2017 dated 12.02.2017 on the file of the first respondent police. Based on the complaint lodged by the second respondent, a case was registered in Crime No.27 of 2017 by the first respondent for the alleged offences U/s 341, 294(b), 387, 307 and 506(ii) of IPC.

https://hcservices.ecourts.gov.in/hcservices/ 4.It appears that after registering the complaint, the parties namely petitioner and the second respondent 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 dated 20.12.2017, signed by the petitioners and the second respondent in the presence of their respective Counsel, is also produced before this Court. As per the terms of Joint Compromise Memo, the petitioner and the second respondent has agreed to quash the First Information Report in Crime No.27 of 2017 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 Cr.No.27 of 2017 on the file of the first respondent police, namely, the Inspector of Police, Nazareth 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(CO) /True copy/ Sub Assistant Registrar Éncl:Xerox copy of the Compromise Memo To

1. The Inspector of Police, Nazareth Police Station, Thoothukudi District.

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

+1cc to M/s.V.Rajiv Rufus, Advocate, in SR No.93944 CRL.O.P.(MD) No.17446 of 2017 20.12.2017 https://hcservices.ecourts.gov.in/hcservices/ cp/vsg MKV-MR-SAR 2/10.1.2018/2P-4C