D.Karuppasamy v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.12.2017 CORAM :
THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.17780 of 2017 D.Karuppasamy ... Petitioner/Accused Vs.
1. The Inspector of Police, Saptur Police Station, Madurai District.
... 1st Respondent/Complainant
2. P.Thangapandi ... 2nd Respondent/ De-facto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records in pursuant to the Charge Sheet in J.C.No.45 of 2017 on the file of the Juvenile Justice Board, Madurai, and to quash the same. For Petitioner : Mr.S.Loganathan For R-1 : Mr.K.S.Durai Pandiyan, Additional Public Prosecutor.
For R-2 : Mr.P.Marthandan
O R D E R
This Criminal Original petition is filed for quashing the Charge Sheet in J.C.No.45 of 2017 on the file of the Juvenile Justice Board, Madurai.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent and the learned counsel appearing for the second respondent.
3.The petitioner is the accused in J.C.No.45 of 2017 on the file of the Juvenile Justice Board, Madurai. On the basis of the complaint lodged by the second respondent/de-facto complainant, a case was registered in Crime No.70 of 2013, dated 01.05.2013, for the alleged offences under Sections 147, 148, 294(b), 427, 341, 323, 307, 395, 506(ii) of I.P.C., r/w 149 of I.P.C. https://hcservices.ecourts.gov.in/hcservices/
4. After filing Charge Sheet, the case was taken on file in
J.C.No.45 of 2017 on the file of the Juvenile Justice Board, Madurai, for the same offences.
5. Though the petitioner was a minor at the time of registration of the complaint, he has now become major. 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. It is stated that the parties also have entered into a compromise. A Joint Compromise Memo, dated 20.12.2017, signed by the petitioner and the de-facto complainant in the presence of their respective counsels is produced before this Court. As per the Joint Compromise Memo, the defacto complainant has agreed for quashing the Charge Sheet in J.C.No.45 of 2017 on the file of the Juvenile Justice Board, Madurai.
6.
The parties, namely, the petitioner and the second respondent 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.
7. 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, on the basis of the Joint Compromise Memo signed by the parties, the Criminal Original petition is allowed and the Charge Sheet in J.C.No.45 of 2017 on the file of the Juvenile Justice Board, Madurai, is quashed in toto. The Joint Compromise Memo signed by the parties shall form part of the order.
Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To
1. The Juvenile Justice Board, Madurai.
2. The Inspector of Police, Saptur Police Station, Madurai District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+ 1 CC TO Mr.S.LOGANATHAN, ADVOCATE IN SR No. 94582 PMU TE/JC/SAR-1 : 05/01/2018 : 2P/5C CRL OP(MD)No.17780 of 2017 22.12.2017 https://hcservices.ecourts.gov.in/hcservices/