Seeniyammal, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.09.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL OP(MD)Nos.7815 & 7816 of 2017 CRL.O.P.(MD)No.7815 of 2017:

1. Seeniyammal

2. Murugan ... Petitioners/Accused Nos.1 & 2 Vs.

1. The State rep. by its, The Inspector of Police, Kallikudi Police Station, Madurai District.

(In Crime No.133 of 2017) ... 1st Respondent/Complainant

2. Muthulakshmi ... 2nd Respondent/ De-facto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to quash the case in Crime No.133 of 2017 on the file of the first respondent police station, by accepting the Joint Compromise Memo, dated 20.06.2017.

CRL.O.P.(MD)No.7816 of 2017:

1. Muthuraja

2. Mari, S/o.Kamaraj @ Bose

3. Murugan

4. Mari, S/o.Aruvan ... Petitioners/Accused Nos.1 to 4 Vs.

1. The State rep. by its, The Inspector of Police, Kallikudi Police Station, Madurai District.

(In Crime No.132 of 2017) ... 1st Respondent /Complainant

2. Sureshkumar ... 2nd Respondent/ De-facto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to quash the case in Crime No.132 of 2017 on the file of the first respondent police station, by accepting the Joint Compromise Memo, dated 20.06.2017.

(in all Crl.O.Ps.) For Petitioners : Mr.R.Gowrishankar For R-1 : Mr.K.Anbarasan, Government Advocate(Crl.Side).

For R-2 : Mr.K.Radhakrishnan COMMON ORDER These Criminal Original petitions are filed for quashing the criminal cases in Crime Nos.132 and 133 of 2017 on the file of the first respondent police station, by accepting the Joint Compromise Memos, dated 20.06.2017.

2. Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Criminal side) appearing for the first respondent and the learned counsel appearing for the second respondent.

3.The petitioners in Crl.O.P.(MD)No.7815 of 2017 are the accused Nos.1 and 2 in Crime No.133 of 2017 on the file of the first respondent police. The petitioners in Crl.O.P.(MD)No.7816 of 2017 are the accused Nos.1 to 4 in Crime No.132 of 2017 on the file of the first respondent police. On the basis of the complaint lodged by the second respondent in Crl.O.P.(MD)No.7815 of 2017, a case was registered in Crime No.133 of 2017 for the offences under Sections 294(b) and 506(ii) I.P.C. Similarly, on the basis of the complaint lodged by the second respondent in Crl.O.P.(MD)No.7816 of 2017, a case was registered in Crime No.132 of 2017 for the offences under Sections 341, 294(b), 323, 324 and 506(ii) I.P.C.

4. The parties, namely, the petitioners and the second respondent in both the cases appears to have settled their dispute amicably out of Court, on the advise of the elders and well wishers. The parties also have entered into a compromise. The Joint Compromise Memos, dated 20.06.2017, signed by the petitioners and the de-facto complainant in the presence of their respective counsels are produced separately before this Court. As per the Joint Compromise memos, the second respondent in both the cases have stated that they have no objection for quashing the complaints in Crime Nos.132 and 133 of 2017.

5. Today the parties, namely, the petitioners and the second

respondent in both the cases appeared before this Court and expressed in unequivocal terms that they have signed the Joint Compromise Memos on their own free will and volition. The identity of the parties are verified with reference to the authenticated documents produced by the parties before this Court. The identity of the parties are also confirmed by the learned Government Advocate (Criminal side) through the first respondent police.

6. Having regard to the specific terms of the Joint Compromise Memos, this Court is of the view that no useful or fruitful purpose will be served by keeping these matters pending. Hence, on the basis of the Joint Compromise Memos signed by the parties, the Criminal Original petitions are allowed and the criminal proceedings in Crime Nos.132 and 133 of 2017 on the file of the first respondent police, is quashed in toto. The Joint Compromise Memo signed by the parties shall form part of the order.

Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar To

1. The Inspector of Police, Kallikudi Police Station, Madurai District.

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

PMU TE/JC/SAR-II : 25/09/2017 : 3P/3C CRL OP(MD)Nos.7815 & 7816 of 2017 05.09.2017