Neelakandan, v. The State Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2017

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.2851 of 2017 Neelakandan : Petitioner/Sole Accused -vs- The State Rep. by 1.The Inspector of Police, K.K.Nagar Police Station, Trichy.

(Crime No.208 of 2016) : 1st Respondent/Complainant 2.Mohammed Sirajudeen : 2nd Respondent/Defacto Complainant Prayer: Petition is filed under Section 482 of Code of Criminal Procedure, praying to call for the records pertaining to the case in Crime No.208 of 2016 on the file of the 1st respondent police herein and quash the same.

For Petitioner : Mr.B.Jameel Arasu For 1st Respondent : Mr.A.P.Balasubramani, Government Advocate (Crl.side) ******

O R D E R

On the complaint lodged by the second respondent, the first respondent registered a case in Crime No.208 of 2016 under Section 506(i) of the Indian Penal Code against the petitioner, 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, both parties are 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 counsel appearing for the parties.

3.The petitioner and the second respondent have filed a joint compromise memo dated 07.03.2017, wherein, they have stated as follows:

"4.It is further submitted that the above said criminal case pertains to a dispute between the parties and the same was filed due to flimsy grounds, https://hcservices.ecourts.gov.in/hcservices/

without any serious allegations. Further all the differences/disputes between the petitioner and the defacto complainant have been completely sorted out and hence forth there will not be any claims by any parties.

5.It is submitted there after the well wishers of both the families and family elders advised both the parties that in the interest of maintaining peace and harmony in the locality and accordingly both parties have compromised themselves. Hence, it is just and necessary to file this compromise memo before this Hon'ble Court and record the same and dispose of the above Criminal Original Petition."

4.In view of the joint memo of compromise dated 07.03.2017, 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.208 of 2016 on the file of the 1st respondent are hereby quashed on condition that the petitioners shall pay a sum of Rs.5,000/- (Rupees Five 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 07.03.2017 shall form part of this order.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To:

1.The Inspector of Police, K.K.Nagar Police Station, Trichy.

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

3.The Mahatma Gandhi Museum, Madurai.

+1cc to M/S B.Jameel Arasu,Advocate,SR.15442 Order made in Crl.O.P.(MD) No.2851 of 2017 15.03.2017 SJ KK-SVMMS-24.03.2017-2P-5C https://hcservices.ecourts.gov.in/hcservices/