Silambarasan 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.17487 of 2017 1.Silambarasan 2.Karthi @ Idli Karthi :Petitioners / A-1 & A-3 -Vs1. State represented by The Inspector of Police, Pattukkottai Town Police Station, Thanjavur District.

(Cr.No.228 of 2017 :1st Respondent/ Complainant 2.Rajkamal :2nd Respondent/Defacto complainant PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records in connection with Cr.No.228 of 2017 on the file of the Inspector of Police, Pattukkottai Town Police Station, Thanjavur and quash the same insofar as the petitioners are concerned.

For Petitioner : Mr.R.Venkateshwar For R1 : Mr.K.S.Duraipandian Additional Public Prosecutor For R2 : Mr.K.M.Karunakaran ***

O R D E R

This Criminal Original Petition has been filed to call for the records in connection with Cr.No.228 of 2017 on the file of the Inspector of Police, Pattukkottai Town Police Station, Thanjavur and quash the same insofar as the petitioners are concerned. 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 3 in the criminal case in Crime No.228 of 2017 on the file of the Inspector of Police, Pattukkottai Town Police Station, Thanjavur District. Based on the

complaint lodged by the second respondent, a case was registered in Crime No.228 of 2017 for the offences punishable under Sections 147, 148, 294(b), 324 and 506 (ii) of IPC.

4.It appears that on the advice of friends and elders, the parties have settled their dispute amicably out of Court and they have also entered into compromise. A Joint Compromise Memo, dated 15.12.2017 signed by both parties, in the presence of their respective Counsels, is also filed. As per the Joint Compromise Memo, the de-facto complainant, namely, the second respondent has agreed to quash the First Information Report in Crime No.228 of 2017, insofar as the petitioners are concerned. 5.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 Government Advocate (Criminal side) through the first respondent police. 6.Having regard to 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.228 of 2017, on the file of the respondent police, is quashed insofar as the petitioners are concerned. 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 To Encl: Xerox copy of Compromise memo

1. The Inspector of Police, Pattukkottai Town Police Station, Thanjavur District.

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

+ 1 cc TO Mr.R.Venkateshwar , Advocate in SR No. 94144 Cmr AE/SKN/SAR4/11.01.2018/2P/4C CRL.O.P.(MD) No.17487 of 2017 20.12.2017