Sangilikumar, 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.5485 of 2017 1.Sangilikumar 2.Mayakannan 3.Sankaran : Petitioners / A1 to A3 Vs.

1.The State, Rep.by The Inspector of Police, Mallanginaru Police Station, Virudhunagar District : 1st Respondent / Complainant (Crime No.247/2013) 2.Ganeshan : 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.247 of 2013 on the file of the first respondent and quash the same. For Petitioners : Mr.A.Baskaran For Respondent-1 : Mr.P.Kandasamy Government Advocate (crl.side) For Respondent-2 : Mr.B.Muneeswaran

ORDER

This Criminal Original Petition is filed praying to call for the records in Crime No.247 of 2013 pending on the file of the first respondent and quash the same.

2. The petitioners 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 petitioners in Crime No.374 of 2016, for the alleged offence under Sections 294(b), 341 and 307 of IPC., as per the complaint given

by the second respondent herein.

4. The learned counsel appearing for the petitioners 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 petitioners herein. Hence, the petitioners 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 petitioners 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 petitioners and the second respondent, for their identification. The 1st Petitioner's Aadhaar Card Number is, 6944 8499 7920; the 2nd Petitioner's Aadhaar Card Number is, 3719 2035 0628; the 3rd Petitioner's Aadhaar Card Number is, 3875 5062 9083 and the second Respondent's Aadhaar Card Number is, 6456 0087 2296.

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 20.04.2017 to that effect, this Court is of the view that there is no need to keep the FIR in Crime No.247 of 2013, pending on the file of the first respondent herein.

9. In the light of the compromise entered into between the parties, this Criminal Original Petition is allowed and the FIR in Crime No.247 of 2013, pending on the file of the first respondent is quashed. The 'Joint Compromise Memo, dated 20.04.2017, shall form part of the order.

Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar MPK

To ENCL:-XEROX COPY OF COMPROMISE MEMO 1.The Inspector of Police, Mallanginaru Police Station, Virudhunagar District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

JAM/10.05.17/MSA/SAR 3 /3P-3C Crl.OP(MD)No.5485 of 2017 Dated:- 28.04.2017