Madras High CourtCRL OP(MD)/21106/2016allowed

Parthasarathi v. The Inspector Of Police

2016-11-11Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.21106 of 2016 and Crl.M.P.(MD)No.10751 of 2016 Parthasarathi .. Petitioner/Sole Accused -Vs1.State represented by The Inspector of Police, Kalugumalai Police Station, Crime No.154/2016 Tuticorin District.

... Respondent/Complainant 2.Kodunkalan ... Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the records in Crime No.154 of 2016, on the file of the Inspector of Police, Kalugumalai Police Station, Tuticorin District and quash the same. For Petitioners : Mr.K.Prabhu For Respondents : Mr.K.Anbarasan Govt. Advocate (Crl.Side) for R.1 : Mr.J.Senthilkumar for R.2

O R D E R

This petition has been filed to call for the records in Crime No.154 of 2016, on the file of the Inspector of Police, Kalugumalai Police Station, Tuticorin District and quash the same.

2. Heard the learned Counsel for the petitioner, the learned Government Advocate (Crl.Side) appearing for the first respondent and the learned Counsel appearing for the second respondent.

3. Based on the complaint given by the second respondent/defacto complainant, a case has been registered against the petitioners in Cr.No.154 of 2016 for offences under Sections 294(b), 387 and 506(ii) I.P.C. on the file of the first respondent. The said F.I.R. is challenged before this Court. https://hcservices.ecourts.gov.in/hcservices/

4. When the matter was called on 07.11.2016 both the petitioner as well as the second respondent are present before this Court and they categorically made a statement that the dispute between them have been settled amicably. They also filed a joint compromise memo dated 02.11.2016 duly signed by both parties and counter signed by their respective Counsel. The learned Counsel for the second respondent also has no objection to quash the proceedings in Cr.No.154 of 2016. They would also further submit that the petitioner is willing to donate Rs.25,000/- to the Government Girl's Higher Secondary School, Ulaganeri, Madurai.

5. In view of the above, this Court directed the petitioner to pay Rs.25,000/- to the Government Girls Higher Secondary School, Ulaganeri, Madurai and also this Court dispensed with the appearance of the parties.

6. Today when the matter is called, the receipt has been filed. In view of the statements made by the parties and the joint compromise memo filed by them, no fruitful purpose will be achieved to proceed further in this matter.

7. In view of that, the impugned proceedings in Cr.No.154 of 2016, on the file of the first respondent is hereby quashed and the Criminal Original Petition is allowed. Consequently, the connected Miscellaneous Petition is closed. The compromise memo dated 02.11.2016 shall form part of the order. Sd/- Assistant Registrar(AE) /True copy/ Encl:Xerox copy of compromise memo Sub Assistant Registrar To:

1. The Inspector of Police, Kalugumalai Police Station, Tuticorin District.

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

+1cc to Mr.K.Prabhu, Advocate SR.No.68216 ssl sm:ss3:08/12/2016:2P/4C Crl.O.P.(MD) No.21106 of 2016 11.11.2016 https://hcservices.ecourts.gov.in/hcservices/