Manikandan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.07.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.8675 of 2017 Manikandan ... Petitioner/Accused rank not known -Vs1. The Inspector of Police, Palayamkottai Police Station, Tirunelveli City.

... 1st Respondent/Complainant

2. Melvin Sampres ... 2nd Respondent/Defacto Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for records pertaining to Crime No.310 of 2017 on the file of the first respondent police, and quash the same.

For Petitioner :

Mr.M.P.Senthil For R-1 :

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

For R-2 : Mr.D.Venkatesh ***

O R D E R

This Criminal Original petition is filed to call for records pertaining to Crime No.310 of 2017 on the file of the first respondent police, Palayamkottai Police Station, Tirunelveli City and to quash the same.

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

3. On the basis of the complaint received from the second respondent, the first respondent police registered a case in Crime No.310 of 2017 under Sections 147, 294(b), 323 and 506(ii) of I.P.C.

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4. After the complaint, it is stated that on the guidance of the family members and well wishers, the petitioner and the second respondent have decided to settle the matter amicably out of Court. They have also entered into a compromise. As per the Joint Compromise memo, they have requested this Court to quash the proceedings in the First Information Report in Crime No.310 of 2017.

5. The parties appeared before this Court and stated that the Joint Compromise Memo has been signed by them on their own will and volition. The identities of the parties are verified with reference to the authenticated documents produced by the parties before this Court. The identities of the parties are also confirmed by the learned Government Advocate(Criminal side) through the concerned police.

6. Since the parties have entered into compromise and agreed that the First Information Report in Crime No.310 of 2017 may be quashed, this Court is of the view that no useful purpose will be served by keeping this matter pending. Hence, on the basis of the compromise memo signed by the parties, the First Information Report in Crime No.310 of 2017 on the file of the first respondent is quashed in toto and the Joint Compromise Memo signed by the parties shall form part of the order.

7. Accordingly, the Criminal Original petition is allowed. Sd/- Assistant Registrar (AE) /True copy/ Sub Assistant Registrar Encl: Joint Compromise Memo.

To The Inspector of Police, Palayamkottai Police Station, Tirunelveli City.

+1 CC to M/s.M.P.SENTHIL, Advocate, SR No. 64746. PMU PSM/SV/SAR2/20.07.2017/2P/3C Crl.O.P.(MD) No.8675 of 2017 11.07.2017 https://hcservices.ecourts.gov.in/hcservices/