Ayyakalai v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.11.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.21374 of 2016 Ayyakalai ... Petitioner/Sole Accused -vs1.

State through The Inspector of Police, Trichy Railway Police Station, Trichy In Crime No.7 of 2016 ... 1st Respondent/Complainant 2.

J.Samiullah ...2nd Respondent/Defacto Complainant Prayer: Petition filed under Section 482 of Code of Criminal Procedure to call for the records pertaining to the final report filed by the first respondent police in C.C.No. 200 / 2016 pending before the learned Judicial Magistrate No.4, Trichirappalli and quash the same.

For Petitioner :

Mr.R.Aravind Raj For R1 :

Mr.P.Kannithevan Government Advocate(Crl.side) For R2 :

Party-in-Person

O R D E R

This petition has been filed seeking to quash the proceedings in C.C. No.200 of 2016 on the file of the learned Judicial Magistrate No.4, Trichirappalli, pursuant to the amicable settlement effected between the parties.

2. It is seen that a case in Crime No.7 of 2016 for the alleged offences under Sections 379 and 294(b) IPC has been registered against the petitioner/sole accused. After completion of investigation, charge sheet has been filed and the same has been taken on file in C.C.No.200 of 2016 on the file of the learned Judicial Magistrate No.4, Trichirappalli.

3. When the matter is taken up for hearing, the petitioner/accused and the second respondent, appeared in person and their identifications were also verified by this Court. Learned counsel appearing for the parties also endorsed the identity of their respective parties.

4. The learned counsel appearing on either side filed a joint memo of compromise dated 14.11.2016, duly stating that since the parties have arrived at an amicable settlement by way of https://hcservices.ecourts.gov.in/hcservices/

compromise among themselves, the third respondent has agreed to quash the proceedings in C.C.No.200 of 2016 on the file of the Judicial Magistrate No.4, Trichirappalli.

5.Considering the nature of allegations and in view of joint memo of compromise dated 14.11.2016, this Court is of the opinion that no useful purpose would be served in keeping the proceeding pending. Therefore, the entire proceedings in C.C.No.200 of 2016 on the file of the Judicial Magistrate No.4, Trichirappalli. in respect of the petitioner/accused, are hereby quashed. 6.Accordingly, this Criminal Original Petition is allowed on the basis of the compromise entered into between the parties. The joint compromise memo dated 14.11.2016 shall form part of this order.

Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar To:

(*)MEMO OF COMPROMISE XEROX COPIES ARE ENCLOSED HEREWITH 1.

The Inspector of Police,Trichy Railway Police Station,Trichy 2.

The Judicial Magistrate No.4, Trichirappalli. 3.

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

+One cc to Mr.R.Aravind Raj, Advocate, SR.No.68366 CM RL/5C/2P/CK/SAR3/1.12.2016 Crl.O.P.(MD) No.21374 of 2016 14.11.2016 https://hcservices.ecourts.gov.in/hcservices/