Madras High CourtCRL OP(MD)/5494/2017ordered

Sundar, v. The Inspector Of Police,

2017-04-28Honourable Mr Justice A.M. Basheer Ahamed3 pages

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.5494 of 2017 1.Sundar 2.Satheeskumar 3.M.G.R. Alias Gurusamy : Petitioners / A1 to A3 Vs.

1.State Rep. By The Inspector of Police, Mallanginaru Police Station, Virudhunagar District (Crime No.261 of 2013) 2.The Deputy Superintendent of Police, Virudhunagar Division, Virudhunagar District : R1 and R2 / Complainant 3.Alagumayil : 3rd Respondent / Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to call for the records in Spl.S.C.No.17 of 2015 on the file of Learned Principal District and Sessions Court (PCR Court) Virudhunagar District @ Srivilliputhur and quash the same. For Petitioners : Mr.A.Baskaran For R1 & R2 : Mr.P.Kandasamy Government Advocate (crl.side) For Respondent-3 : Mr.B.Muneeswaran

ORDER

This Criminal Original Petition is filed praying to call for the records in Spl.S.C.No.17 of 2015 on the file of Learned Principal District and Sessions Court (PCR Court) Virudhunagar District @ Srivilliputhur and quash the same.

2. The petitioners and the third respondent are present before this Court along with their respective counsels. The learned Government Advocate (crl.side) appearing for the respondents 1 and 2 is also present.

3. The first respondent has registered a case against the petitioner in Crime No.261 of 2013, for the alleged offence under Sections 147, 148, 452, 294(b), 324 and 307 of IPC., r/w Section 3 (1)(X), 3(2)(V) of SC/ST (Prevention of Atrocities) Act, 1989, as per the complaint given by the third respondent herein.

4. The learned counsel appearing for the petitioners and the third respondent would submit that, since the parties have settled their disputes amicably, the defacto complainant, who is the third respondent herein, does not want to continue the criminal proceedings against the petitioners herein. Hence, the petitioners and the third respondent are seeking indulgence of this Court to record the compromise and to quash the proceedings in Spl.S.C.No.17 of 2015 pending on the file of Learned Principal District and Sessions Judge (PCR Court) Virudhunagar District @ Srivilliputhur.

5. The learned Government Advocate (crl.side) appearing for the respondents 1 and 2 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 third respondent, for their identification. The 1st Petitioner's Aadhaar Card Number is, 6298 0997 2840; the 2nd Petitioner's Aadhaar Card Number is, 7484 7983 3540; the 3rd Petitioner's Aadhaar Card Number is, 8037 2896 4235 and the 3rd Respondent's Aadhaar Card Number is, 8283 4789 3854.

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 20th April 2017 to that effect, this Court is of the view that there is no need to keep the proceedings in Spl.S.C.No.17 of 2015 pending on the file of Learned Principal District and Sessions Judge (PCR Court) Virudhunagar District @ Srivilliputhur.

9. In the light of the compromise entered into between the parties, this Criminal Original Petition is allowed and the proceedings in Spl.S.C.No.17 of 2015 pending on the file of

Learned Principal District and Sessions Judge (PCR Court) Virudhunagar District @ Srivilliputhur, Melur, is quashed. The 'Joint Compromise Memo, dated 20.04.2017, shall form part of the order.

Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar To Encl:Xerox copy of Compromise memo 1.The Principal District and Sessions Judge (PCR Court) Virudhunagar District at Srivilliputhur.

2.The The Inspector of Police, Mallanginaru Police Station, Virudhunagar District 3.The Deputy Superintendent of Police, Virudhunagar Division, Virudhunagar District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

MPK AE/JC/10.05.2017/3P/5C Crl.OP(MD)No.5494 of 2017 Dated:- 28.04.2017