Ramasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) Nos.21752 and 21753 of 2016 Crl.O.P.(MD).No.21752 of 2016:

1.Ramasamy 2.Subbulakshmi 3.Lalitha .. Petitioners/A1 to A3 -vsThe State rep. by 1.The Inspector of Police, Pudukkottai Police Station, Thoothukudi District.

.. 1st respondent/complainant 2.Ramar .. 2nd respondent/defacto complainant Crl.O.P.(MD).No.21753 of 2016:

Ramar .. Petitioner/Accused -vsThe State rep. by 1.The Inspector of Police, Pudukkottai Police Station, Thoothukudi District.

.. 1st respondent/complainant 2.Ramasamy .. 2nd respondent/defacto complainant Common Prayer: These Criminal Original Petitions filed under Section 482 of Code of Criminal Procedure, to call for the records and quash the F.I.R. in Crime Nos.334 and 335 of 2016, on the file of the Inspector of Police, Pudukkottai Police Station, Thoothukudi District.

For Petitioners : Mr.V.Malaiyendran in Crl.O.P.(MD).No.21752 of 2016 For petitioner : Mr.S.Paul Murugesh in Crl.O.P.(MD).No.21753 of 2016 For R1 : Mr.P.Kannithevan Government Advocate (Crl. Side) in both cases.

C O M M O N O R D E R These petitions are filed to quash the F.I.R. in Crime Nos.334 and 335 of 2016, on the file of the Inspector of Police, Pudukkottai Police Station, Thoothukudi District. Since, these cases are case and case in counter, they are disposed of by way of common order.

2. Heard the learned Counsel on either side.

3. Based on the complaint given by the 2nd respondent/defacto complainant in Crl.O.P.(MD).No.21752 of 2016, namely, Ramar, a case has been registered against the petitioners in crime No.334 of 2016, for the offences under Sections 294(b), 323 and 506(ii) IPC, on the file of the common first respondent police. For Counter, based on the complaint given by the first petitioner in Crl.O.P.(MD).No.21752 of 2016, namely Ramasamy, a case has been registered in Crime No.335 of 2016, for the offences under Sections 294(b), 323 and 506(ii) IPC, on the file of the common first respondent police.

4. When the matter is taken up for hearing, the petitioners and the 2nd respondent/defacto complainant in each case, appeared in person and their identifications were also verified by this Court, in addition to the confirmation of the identity of the parties by the learned Government Advocate (Crl.Side) through the respondent police.

5. Learned counsel appearing for the petitioners in both cases would submit that the matter is now compromised out of the court.

6. Further, both parties filed a joint compromise memo in each case, dated 14.11.2016, duly stating that since the parties have arrived at an amicable settlement by way of compromise among themselves, the defacto complainant in both cases have no objection to quash the First Information Report in Crime Nos.334 and 335 of 2016 on the file of the common first respondent police.

7. Hence, in view of joint compromise memo, dated 14.11.2016, this Court is of the opinion that it can safely be said that no useful purpose would be served in keeping the matters pending.

8. Accordingly, these Criminal Original Petitions are allowed and the entire proceedings in Crime Nos.334 and 335 of 2016 on the file of the Inspector of Police, Pudukkottai Police Station, Thoothukudi District, is hereby quashed.

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

To 1.The Inspector of Police, Pudukkottai Police Station, Thoothukudi District.

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

+2cc to M/S.V.Malaiyendran, Advocate, SR.No.69656 & 69657 Crl.O.P.(MD)Nos.21752 and 21753 of 2016 PJL miy:15/12/2016:3p/5c