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Madras High CourtCRL OP(MD)/8406/2017allowed

Ravishankar @ Petchimuthu v. The Inspector Of Police

2017-07-05Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.07.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.8406 of 2017 1.Ravishankar@Petchimuthu 2.Sudalaimani 3.Kabil 4.Sooriya Raj 5.Muthukrishnan

...Petitioners/Accused No.1,2,3,4 and 5

-vs1.Inspector of Police, Maanoor Police Station, Thirunelveli District.

(Ref. Crime No.292 of 2017). ...Respondent/Complainant 2.Sathishkumar

...Respondent/Defacto Complainant

Prayer:Criminal Original Petition filed under Section 482 of Cr.P.C., praying this Court to call for the records relating to the case in Crime No.292 of 2017 pending on the file of the first respondent and to quash the same.

For Petitioners : Mr.P.Samuel Gunasingh.

For R-1 : Mr.K.Anbarasan, Government Advocate (Crl.Side).

For R-2 : Mr.R.Niresh Kumar.

O R D E R

This Criminal Original Petition has been filed praying this Court to call for the records relating to the case in Crime No.292 of 2017 pending on the file of the first respondent and to quash the same.

2.Heard the learned counsel for the Petitioners and the learned Government Advocate(Crl.side) appearing for the first respondent/Police and the learned counsel appearing for the second respondent and perused the materials placed before this Court including the joint compromise memo filed by both the parties. 3.It is stated by the learned counsel for the Petitioners that a case in Crime No.292 of 2017 is pending before the first respondent-Police for the alleged offence under Sections 147, 294 (b),323 and 506(ii)IPC and that the case of the prosecution is https://hcservices.ecourts.gov.in/hcservices/

completely false. However, at the intervention of the wellwishers, the Petitioners and the de-facto complainant have entered into a compromise and a joint compromise memo has also been filed before this Court.

4.The parties who signed the compromise memo have appeared before this Court and their identity is verified by documents apart from the identification confirmed by the Inspector of Police, Maanoor Police station, Tirunelveli District. The learned counsel for the Petitioners as well as the learned counsel for the second respondent have also signed the compromise memo. This Court perused the compromise memo and it is found that the parties have entered into a compromise on their own volition and free will. Hence no useful purpose will be served in keeping the Petition pending.

5.Recording the compromise memo entered between the parties, this Criminal Original Petition is allowed and the case in Crime No.292 of 2017, pending on the file of the first respondent-Police is quashed. The Compromise memo shall form part of the order of this Court.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To (Enclose the xerox copy of compromise memo) 1.The Inspector of Police, Maanoor Police Station, Thirunelveli District.

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

+2cc to M/S. P.SAMUAL GUNASINGH, Advocate, SR.No.63762. Crl.O.P.(MD) No.8406 of 2017 05.07.2017 vsn SDS/SKN:RSK/SAR 3/12.07.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/