Ramesh Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.09.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.16941 of 2016 Ramesh kannan ... Petitioner/Sole Accused -vs1.

State Represented by The Inspector of Police, Devipattinam Police Station, Ramanathapuram District (Crime No.27/2010) ... 1st Respondent/Complainant 2.

Sasivarman ... 2nd Respondent/Defacto Complainant Prayer: Petition filed under Section 482 of Code of Criminal Procedure to call for the records relating to the proceedings in C.C.NO.53 of 2010 on the file of the learned Judicial Magistrate No.I, Ramanathapuram and quash the same.

For Petitioner :

Mr.R.Murugan For R1 :

Mrs.S.Prabha Government Advocate For R2 :

Mr.M.Chinnathambi ******

O R D E R

This petition has been filed seeking to quash the proceedings in C.C.NO.53 of 2010 on the file of the learned Judicial Magistrate No.I, Ramanathapuram, pursuant to the amicable settlement effected between the parties.

2. It is seen that a case in Crime No.27 of 2010 for the alleged offences under Sections 294(b), 506(ii) IPC, 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 C.C.No.53 of 2010 on the file of the learned Judicial Magistrate No.I, Ramanathapuram.

3. When the matter is taken up for hearing, the petitioner/accused and the second respondent, appeared in person and their identifications were also verified by this Court. Learned counsel appearing for the parties also endorsed the identify of their respective parties.

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4. The learned counsel appearing on either side filed a joint memo of compromise dated 02.09.2016, duly stating that since the parties have arrived at an amicable settlement by way of compromise among themselves, the second respondent has agreed to quash the proceedings in C.C.NO.53 of 2010 on the file of the learned Judicial Magistrate No.I, Ramanathapuram.

5. Considering the nature of allegations and in view of joint memo of compromise dated 02.09.2016, this Court is of the opinion that no useful purpose would be served in keeping the proceeding pending. Therefore, the entire proceedings in C.C.NO.53 of 2010 on the file of the learned Judicial Magistrate No.I, Ramanathapuram in respect of the petitioner/accused, are hereby quashed.

6. Accordingly, this Criminal Original Petition is allowed on the basis of the compromise entered into between the parties. The joint compromise memo dated 02.09.2016 shall form part of this order.

Herein enter the Joint Compromise Memo Sd/- Assistant Registrar (CS-I) /True copy/ Sub Assistant Registrar To:

1.

The Inspector of Police, Devipattinam Police Station, Ramanathapuram District.

2.

The learned Judicial Magistrate No.I, Ramanathapuram.

3.

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

Joint Compromise Memo xerox enclosed +1cc to M/S.R.MURUGAN,ADVOCATE, SR NO: 51421 JA-DB-20.09.2016/2P:5C Crl.O.P.(MD)No.16941 of 2016 09.09.2016 https://hcservices.ecourts.gov.in/hcservices/