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Madras High CourtCRL OP(MD)/2629/2017allowed

Vettri, v. Inspector Of Police,

2017-03-10Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2017

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.2629 of 2017 Vettri : Petitioner/Sole Accused -vs1.The Inspector of Police, Maniyachi Police Station, Thoothukudi District.

: 1st Respondent/Complainant (Ref. Crime No.29 of 2016) 2.Ilayaraja : 2nd Respondent/Defacto Complainant Prayer: Petition is filed under Section 482 of Code of Criminal Procedure, praying to call for the records relating to the case in Crime No.29 of 2016 pending on the file of the first respondent and quash the same.

For Petitioner : Mr.P.Samuel Gunasingh For 1st Respondent : Mr.A.P.Balasubramani, Government Advocate (Crl.side) For 2nd Respondent : Mr.R.Nireshkumar ******

O R D E R

On the complaint lodged by the second respondent, the first respondent registered a case in Crime No.29 of 2016 under Sections 279 and 337 of the Indian Penal Code, to quash which, both parties are present before this Court on the ground that they have arrived at the compromise.

2.Today, when the matter was taken up for hearing, Mr.S.Pandaram, Special Sub-Inspector of Police, Maniyachi Police Station, Thoothukudi District, is present. Both parties are also present before this Court and their identifications were verified by this Court, in addition to the confirmation of the identity of the parties by the learned Government Advocate (Criminal side) through Mr.S.Pandaram, Special Sub-Inspector of Police, Maniyachi Police Station, Thoothukudi District.

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3. The petitioner and the second respondent have filed a joint compromise memo dated 10.03.2017, wherein, they have stated as follows:

"2.The petitioner and the second respondent further submit that during the pendency of the proceedings, at the intervention of the elders, both the parties have sat together, in which an amicable conclusion has been arrived at and as one part of a conclusion, the second respondent has agreed to say no objection for the purpose of quashing the present criminal proceedings."

4.In view of the joint memo of compromise dated 10.03.2017, this Court is of the opinion that no useful purpose would be served in keeping the matter pending.

5.Accordingly, this Criminal Original Petition is allowed on the basis of the compromise entered into between the parties and the entire proceedings in Crime No.29 of 2016 on the file of the first respondent are hereby quashed on condition that the petitioner shall pay a sum of Rs.1,000/- (Rupees One Thousand only) as cost to Mahatma Gandhi Museum, Madurai, within a period of one week from the date of receipt of a copy of this order and file a memo in the Registry. The joint compromise memo dated 10.03.2017 shall form part of this order.

Sd/- Assistant Registrar(AD-II) /True copy/ Sub Assistant Registrar To:

Encl:xerox copy of compromise memo 1.The Inspector of Police, Maniyachi Police Station, Thoothukudi District.

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

3.The Officer-in-Charge, The Mahatma Gandhi Museum, Madurai.

+1 cc to Mr.P.Samuel Gunasingh , Advocate in SR.No. 13892 sj AE/RR/SAR3/06.04.2017/2P/5C Order made in Crl.O.P.(MD) No.2629 of 2017 10.03.2017 https://hcservices.ecourts.gov.in/hcservices/