Ramakrishnan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.M.BASHEER AHAMED Crl.OP(MD)No.5387 of 2017 Ramakrishnan : Petitioner / Accused Vs.

1.The State, Rep.by The Inspector of Police, Austinpatti Police Station, Madurai District (In Crime No.164 of 2017) : 1st Respondent / Complainant 2.Rakku @ Rakkammal : 2nd Respondent / Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to call for the records in Crime No.164 of 2017 on the file of the 1st respondent and quash the same by recording the compromise memo entered between the petitioner and the defacto complainant, in the interest of justice.

For Petitioner : Mr.R.Mathiyalagan For Respondent-1 : Mr.P.Kandasamy Government Advocate (crl.side) For Respondent-2 : Mr.L.Murugan

ORDER

This Criminal Original Petition is filed praying to quash the proceedings in Crime No.164 of 2017, on the file of the 1st respondent.

2. The petitioner and the second respondent are present before this Court along with their respective counsels. The learned Government Advocate (crl.side) appearing for the first respondent is also present.

3. The first respondent has registered the case against the petitioner in Crime No.164 of 2017, for the alleged offence under Sections 294(b), 323 and 506(ii) of IPC., as per the complaint given by the second respondent herein.

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4. The learned counsel appearing for the petitioner and the second respondent would submit that, since the parties have settled their disputes amicably, the defacto complainant, who is the second respondent herein, does not want to continue the criminal proceedings against the petitioner herein. Hence, the petitioner and the second respondent are seeking indulgence of this Court to record the compromise and to quash the FIR registered, on the basis of the complaint given by the second respondent against the petitioner herein.

5. The learned Government Advocate (crl.side) appearing for the 1st respondent states that he has no objection to record the compromise, since the parties to the case compromised the issue between themselves.

6. The learned counsels appearing on either side produced the Original Aadhaar Card of the petitioner and the second respondent, for identification. The Petitioner's Aadhaar Card Number is, 9627 3514 6191 and the second Respondent's Voter I.D. Number is GQW2625051.

7. The Court heard the submissions of the respective parties, who appeared before this Court and their identification is also verified by their respective counsels.

8. Since the parties have settled their disputes amicably and they have also filed a 'Joint Compromise Memo', dated 25.04.2017 to that effect, this Court is of the view that there is no need to keep the FIR in Crime No.164 of 2017, on the file of the 1st respondent.

9. In the light of the compromise entered into between the parties, this Criminal Original Petition is allowed and the FIR in Crime No.164 of 2017, on the file of the 1st respondent, is hereby quashed. The 'Joint Compromise Memo, dated 25.04.2017, shall form part of the order.

Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To 1.The Inspector of Police, Austinpatti Police Station, Madurai District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +One cc to Mr.R.Mathiyalagan, Advocate, SR.No.55454 MPK RL/4C/2P/MR/10.5.2017 Crl.OP(MD)No.5387 of 2017 https://hcservices.ecourts.gov.in/hcservices/ Dated:- 28.04.2017