Rajesh @ Rajeshkumar v. The Deputy Superintendent Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2016
CORAM
THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.15763 of 2016 Rajesh @ Rajeshkumar ... Petitioner/Sole Accused -vs1.
The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Usilampatti, Madurai District.
2.
The Inspector of Police, M.Kallupatti Police Station, Madurai District.
... Respondents 1 and 2/Complainants 3.
V.Raja ... 3rd Respondent/Defacto Complainant Prayer: Petition filed under Section 482 of Code of Criminal Procedure to quash the case in Spl.S.C.No.11 of 2016 ( on the file of the III Additional District and Sessions Court (PCR), Madurai by accepting the Joint compromise memo dated 20.08.2016. For Petitioner :
Mr.R.Gowrishankar For R1 & R2 :
Mr.K.Anbarasan Government Advocate(Crl.side) For R3 :
Mr.K.Radhakrishnan
O R D E R
This petition has been filed seeking to quash the proceedings in Spl.S.C.No.11 of 2016 on the file of the III Additional District and Sessions Court (PCR), Madurai, pursuant to the amicable settlement effected between the parties.
2. It is seen that a case in Crime No.67 of 2015 for the alleged offences under Sections 294(b), 323, 355, 506(i) IPC and Section 3(i)(x) of SC/ST Act has been registered against the petitioner/sole accused. After completion of investigation, charge sheet has been filed and the same has been taken on file in Spl.S.C.No.11 of 2016 on the file of the III Additional District and Sessions Court (PCR), Madurai.
3. When the matter is taken up for hearing, the petitioner/accused and the third respondent, appeared in person and their identifications were also verified by this Court. Learned counsel appearing for the parties also endorsed the identity of their respective parties.
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4. The learned counsel appearing on either side filed a joint memo of compromise dated 20.08.2016, duly stating that since the parties have arrived at an amicable settlement by way of compromise among themselves, the third respondent has agreed to quash the proceedings in Spl.S.C.No.11 of 2016 on the file of the III Additional District and Sessions Court (PCR), Madurai.
5. The learned counsel for the petitioner, relying upon the order passed by this Court in Crl.O.P.(MD)No.3145 of 2016 on 22.02.2016, submitted that this Court has already quashed the FIR registered for offences under Sections 341, 323, 324, 379 (NP) IPC and Section 3(1)(x) of SC/ST Act.
6. Taking note of the judgment referred to supra, considering the nature of allegations and in view of joint memo of compromise dated 20.08.2016, this Court is of the opinion that no useful purpose would be served in keeping the proceeding pending. Therefore, the entire proceedings in Spl.S.C.No.11 of 2016 on the file of the III Additional District and Sessions Court (PCR), Madurai in respect of the petitioner/ accused, are hereby quashed.
7. Accordingly, this Criminal Original Petition is allowed on the basis of the compromise entered into between the parties. The joint compromise memo dated 20.08.2016 shall form part of this order. Sd/- Assistant Registrar(Crl.side) /True copy/ Encl:Xerox copy of compromise memo.
Sub Assistant Registrar To:
1.
The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Usilampatti, Madurai District.
2.
The Inspector of Police, M.Kallupatti Police Station,Madurai District. 3.
The III Additional District and Sessions Court (PCR), Madurai.
4.
The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai.
+1cc to Mr.R.Gowrishankar, Advocate SR.No.54071/16 CM sm:Ck:21/10/2016:2P/6C Crl.O.P.(MD) No.15763 of 2016 20.09.2016 https://hcservices.ecourts.gov.in/hcservices/