Murugan, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.7413 of 2017 1.Murugan 2.Maharajan 3.Kuttyraj @ Gurunathan 4.Muthumari : Petitioners/Accused 1 to 4 -Vs1. The Inspector of Police, Panavadalichatram Police Station, Tirunelveli District.

(Crime No.66 of 2017). : 1st Respondent/Complainant

2. Saravanakumar : 2nd Respondent/Defacto Complainant Prayer: Petition is filed under Section 482 of Code of Criminal Procedure to call for the records in Crime No.66 of 2017 on the file of the first respondent police and quash the same. For Petitioners :

Mr.R.J.Karthick For Respondent No.1 :

Mr.K.Anbarasan, Government Advocate (Crl.side) For Respondent No.2 :

Mr.S.Maruthupandian

O R D E R

On the complaint lodged by one Saravanakumar, the first respondent police registered a case in Crime No.66 of 2017, on 17.04.2017 for offences under Sections 294(b), 352, 324 and 506(2) of the Indian Penal Code, against the petitioners herein, challenging which, the accused and the defacto complainant are before this Court for quashing the First Information Report against the petitioners on the ground that they have arrived at a compromise.

2. Today, when the matter is taken up for hearing, Mr.Krishnan, Special Sub-Inspector of Police, Panavadalichatram Police Station, is present in Court. The defacto complainant is present and the accused are also present and their identifications were also verified by this Court, in addition to the confirmation of the identity of the parties by the learned Government Advocate (Criminal side) through Mr.Krishnan, Special Sub-Inspector of Police, Panavadalichatram Police Station.

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3. The petitioners and the second respondent have filed a joint compromise memo dated 13.05.2017, in which, it has been stated as follows:

"2. Both the parties submits that now the entire dispute between the petitioners and the 2nd respondent is settled amicably out of the Court at the instance of the elder members of their family. The 2nd respondent/complainant herein agrees to compound the case pending in Crime No.66 of 2017 on the file of 1st respondent police and expresses his no objection to quash the above case as against the petitioners herein. The petitioners and the 2nd respondent agrees that there shall not be any mutual claims between them hereafter."

4. In view of the joint memo of compromise dated 13.05.2017, this Court is of the opinion that no useful purpose would be served in keeping the matter pending. Therefore, this petition is allowed and the entire proceedings in Crime No.66 of 2017 pending on the file of the first respondent police in respect of all the accused including those who are not before this Court are hereby quashed. The joint compromise memo dated 13.05.2017 shall form part of this order. However, the petitioners are directed to pay a sum of Rs.500/- (Rupees Five Hundred only) each, to M.S.Chellamuthu Trust & Research Foundation, No.643, K.K.Nagar, Madurai-625 020, within a period of two weeks from today.

Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar Encl.: Xerox copy of Compromise Memo To:

1. The Inspector of Police, Panavadalichatram Police Station, Tirunelveli District.

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

3. M.S.Chellamuthu Trust & Research Foundation, No.643, K.K.Nagar, Madurai-625 020, + 1 CC TO Mr.R.J.KARTHICK, ADVOCATE IN SR No. 60881 SML TE/JC/SAR-IV : 28/06/2017 : 2P/5C Order made in Crl.O.P.(MD) No.7413 of 2017 Dated: 19.06.2017 https://hcservices.ecourts.gov.in/hcservices/