Victor Jose v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.8162 of 2017 1.Victor Jose 2.Gilbert ... Petitioners/Accused Nos.1 & 2 -Vs1. State rep.by The Inspector of Police, Thuckalay Police Station, Kanyakumari District.

(Crime No.143 of 2016) ... 1st Respondent/Complainant

2. Malikeen ... 2nd Respondent/Defacto- Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records relating to the proceedings in Crime No.143 of 2016 on the file of the 1st respondent police and quash the same.

For Petitioner :

Mr.K.P.Narayana Kumar For R-1 :

Mr.K.Anbarasan, Government Advocate(Crl.side).

O R D E R

This Criminal Original petition is filed for quashing the proceedings in Crime No.143 of 2016 on the file of the 1st respondent police.

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

3. On the basis of a complaint given by the second respondent, a case was registered in Crime No.143 of 2016 dated 16.02.2016, for the offences under Sections 294(b), 427, 387, 506(ii) of I.P.C., against the petitioner.

4. Pursuant to the filing of the above Criminal Original petition, the parties have entered into a compromise, dated 29.06.2017, on the advise of the elders and well wishers. In the https://hcservices.ecourts.gov.in/hcservices/

Compromise Memo, the second respondent agreed to withdraw this criminal case and expressed his no objection to quash the First Information Report.

5. The parties appeared before this Court and expressed in unequivocal terms, the Joint Compromise Memo signed by them was on their own 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. In view of the Compromise Memo signed by the parties, this Court is of the view that no useful purpose will be served by keeping this matter pending. Hence, the Criminal Original petition is allowed and the proceedings in Crime No.143 of 2016 on the file of the first respondent is quashed in toto, on the basis of the compromise memo signed by the parties concerned before this Court and the Joint Compromise Memo signed by the parties shall form part of the order.

Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar Encl.: Xerox copy of Compromise Memo To The Inspector of Police, Thuckalay Police Station, Kanyakumari District.

+ 1 CC TO Mr.K.P.NARAYANAKUMAR, ADVOCATE IN SR No. 65529 PMU TE/MR-KKR/SAR-I : 25/07/2017 : 2P/3C Crl.O.P.(MD) No.8162 of 2017 14.07.2017 https://hcservices.ecourts.gov.in/hcservices/