Madras High CourtCRL OP(MD)/8652/2017allowed

Karthick, v. The Sub Inspector Of Police,

2017-07-10Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.07.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR Crl.O.P(MD) No.8652 of 2017 Karthick ... Petitioner/Accused No.1 -vs1.State Rep.by The Sub-Inspector of Police, Parthibanoor Police Station, Ramnad District, in Crime No.126 of 2015.

... 1st Respondent/Complainant 2.Palanichamy ... 2nd Respondent/De-facto Complainant Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying this Court to call for the records relating to the impugned F.I.R. In Crime No.126 of 2015 on the file of the first respondent and quash the same.

For Petitioner : Mr.D.Anbarasu For R-1 : Mr.K.Anbarasan Government Advocate (Crl.side) For R-2 : Mr.M.Perumal

O R D E R

This Criminal Original Petition has been filed to quash the complaint against the petitioner in Crime No.126 of 2015, on the file of the respondent police for the offence under Sections 294(b), 341, 323 and 506(i) of IPC, and quash the same. 2.Heard the learned counsel for the Petitioner and the learned Government Advocate(Crl.side) appearing for the first respondent and the learned counsel appearing for the second respondent and perused the materials placed before this Court.

3. It is submitted that the petitioner and the second respondent are living in the same place and the incident took place on 01.10.2015, which is mentioned in the F.I.R., was due to wordy quarrel and there was no serious assault or any other offence. It is stated, subsequently, that the petitioner and the defacto complainant has entered into compromise and they have also signed in https://hcservices.ecourts.gov.in/hcservices/

the said memo on their own volition. Identity of the parties are also verified with reference to the authenticated documents produced by them and the same was also confirmed by the learned Government Advocate through the first respondent / Sub Inspector of Police.

4. In such circumstances, this Court is of the view that no useful purpose will be served by keeping this matter pending. Hence this Criminal Original Petition is allowed and the F.I.R. 126 of 2015, on the file of the first respondent is quashed on the basis of the compromise memo submitted before this Court, in which the defacto complainant has expressed that he has no objection for quashing the F.I.R. The compromise memo shall form a part of this order.

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

1. The Sub-Inspector of Police, Parthibanoor Police Station, Ramnad District.

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

+ 1 CC TO Mr.D.ANBARASU, ADVOCATE IN SR No. 64363 TA/CP TE/JC/SAR-I : 27/07/2017 : 2P/4C Crl.O.P.(MD)No.8652 of 2017 10.07.2017 https://hcservices.ecourts.gov.in/hcservices/