Madras High CourtCRL OP(MD)/21457/2016allowed

P.Subbaiyan v. The Inspector Of Police,

2016-11-14Honourable Mr Justice K. Kalyanasundaram2 pages

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.21457 of 2016 1.P.Subbaiyan 2.Periyasamy 3.Muniyammal 4.Mahalingam 5.Parameswari ... Petitioners/A1 to A5 -vs1.

The State rep.by The Inspector of Police, Watrap Police Station, Virudhunagar District.

In Crime No.382 of 2016 ... 1st Respondent/Complainant 2.

Selvi ...2nd Respondent/Defacto Complainant Prayer: Petition filed under Section 482 of Code of Criminal Procedure to call for the records and quash the FIR in Crime No.382 of 2016 dated 19.09.2016 pending on the file of the first respondent police.

For Petitioners :

Mr.A.S.Vaigunth For R1 :

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

Mr.R.Amarnath

O R D E R

This petition has been filed seeking to quash FIR in Crime No.382 of 2016 dated 19.09.2016 pending on the file of the first respondent police, pursuant to the amicable settlement effected between the parties.

2. It is seen that a case in Crime No.382 of 2016 for the alleged offences under Sections 147, 294(b), 323, 324 and 506(2) IPC has been registered against the petitioners/A1 to A5.

3. When the matter is taken up for hearing, the petitioners/accused and the second respondent, appeared in person and their identifications were also verified by this Court. https://hcservices.ecourts.gov.in/hcservices/

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 11.11.2016, duly stating that since the parties have arrived at an amicable settlement by way of compromise among themselves, the third respondent has agreed to quash FIR in Crime No.382 of 2016 dated 19.09.2016 pending on the file of the first respondent police.

5.Considering the nature of allegations and in view of joint memo of compromise dated 11.11.2016, this Court is of the opinion that no useful purpose would be served in keeping the proceeding pending. Therefore, FIR in Crime No.382 of 2016 dated 19.09.2016 pending on the file of the first respondent police. in respect of the petitioners/A1 to A5 is 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 11.11.2016 shall form part of this order.

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

1.The Inspector of Police, Watrap Police Station, Virudhunagar District.

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

CM TE/GSV-PM : 30/11/2016 : 2P/3C Crl.O.P.(MD) No.21457 of 2016 14.11.2016 https://hcservices.ecourts.gov.in/hcservices/