Varatharaj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD).No.8118 of 2017 Varatharaj : Petitioner/Sole Accused Vs.

1. The Inspector of Police, T.Kallupatti Police Station, Peraiyur Taluk, Madurai District.

:Ist Respondent/Complainant

2. Rajalakshmi : 2nd Respondent/Defacto Complainant PRAYER:Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code praying this Court to quash the case in C.C.No.50 of 2017, pending before the learned Judicial Magistrate Court, Peraiyur by accepting the joint compromise memo, dated 24.6.2017.

For Petitioner : M/s.R.Gowrishankar For Respondent No.1 : Mr.K.Anbarasan, Govt. Advocate (Crl. Side) For Respondent No.2 : M/s.K.Radhakrishnan.

O R D E R

This Criminal Original Petition has been filed praying this Court to quash the case in C.C.No.50 of 2017, pending before the learned Judicial Magistrate Court, Peraiyur, Madurai, by accepting the joint compromise memo, dated 26.06.2017. 2.Heard the learned counsel for the Petitioner as well as the learned Government Advocate(Crl.Side) appearing for the first respondent/Police and perused the materials placed before the Court including the Joint Compromise memo signed by both the parties.

https://hcservices.ecourts.gov.in/hcservices/ 3.The parties are before this Court. They have stated that they have signed the Joint Compromise memo knowing the contents

therein. The identity of the persons signed in the joint compromise memo is verified. The charge-sheet indicates that the offences are compoundable in nature. Having regard to the nature of the complaint, this Court is of the view that the joint compromise memo can be accepted and the charge-sheet can be quashed on the basis of the compromise memo, dated 26.06.2017, filed before this Court.

4. Considering the nature of allegation and also considering the memo of compromise, this Court is of the opinion that no useful purpose would be served by keeping the matter pending. Therefore, recording the joint compromise memo, the entire proceedings in C.C.No.50 of 2017, on the file of the learned Judicial Magistrate Court, Peraiyur, Madurai District in respect of the petitioner alone, is, hereby, quashed and this Criminal Original Petition is allowed accordingly. The joint compromise memo shall form part of the order of this Court. Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar To (Enclose the xerox copies of compromise memo) 1.The Judicial Magistrate, Peraiyur, Madurai District.

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

+1cc to M/S. R.GOWRISHANKAR, Advocate, SR.No.63228. Order made in CRL.O.P.(MD).No.8118 of 2017 03.07.2017 vsn SDS/SKN:RSK/SAR 2/11.07.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/