Rajkumar v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.8877 of 2017 and CRL .M.P.(MD) No.6006 of 2017 1.Raj Kumar 2.Arumugam ... Petitioners/ Accused No.1 & 2 -Vs1. State rep. by, The Sub Inspector of Police, Karaikudi North Police Station, V.O.C. Road, Karaikudi, Sivagangai District.

(In Crime No.412 of 2017) ... 1st Respondent/Complainant

2. R.Ramakrishnan ... 2nd Respondent/Defacto Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records relating to Crime No.412 of 2017 on the file of the first respondent, quash the same and allow this Criminal Original Petition.

For Petitioners :

Mr.J.Anandkumar For R-1 :

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

For R-2 :

Mr.S.T.Sasidharan Tamikani ***

O R D E R

This Criminal Original petition has been filed to call for the records relating to Crime No.412 of 2017, on the file of the first respondent and to quash the same.

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

3. Based on the complaint given by the second respondent / defacto complainant, before the first respondent, a case was registered against the petitioners in Crime No.412 of 2017 for the offences punishable under Sections 294(b), 323, 427 and 506(ii) IPC. However, it appears that, on the advice of the well wishers of the petitioners and the de-facto complainant, they settled their disputes amicably, out of court. The petitioners and the second respondent have also entered into a Joint Compromise Memo, dated 18.07.2017, duly signed by the petitioners and the second https://hcservices.ecourts.gov.in/hcservices/

respondent. The counsel for the petitioners and the second respondent have also signed the Joint Compromise Memo, dated 18.07.2017. As per the terms of the Joint Compromise Memo filed before this Court, dated 18.07.2017, the de-facto complainant, namely the second respondent, has agreed that he has no objection to quash the proceedings pending before the first respondent in Crime No.412 of 2017.

4. Today, the parties appeared before this Court and submitted the Joint Compromise Memo, dated 18.07.2017, signed by them, 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.

5. Hence, on the basis of the Joint compromise memo, dated 18.07.2017, signed by the parties, the Criminal Original Petition is allowed and the First Information Report in Crime No.556 of 2015, 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.

6. Accordingly, the Criminal Original petition is allowed. Consequently, the connected miscellaneous petitioner is closed. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To 1.The Sub Inspector of Police, Karaikudi North Police Station, V.O.C. Road, Karaikudi Sivagangai District.

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

+1cc to Mr.J.ANANDKUMAR Advocate in SR. No.66809 CMR JS/GT/SAR.3/3.8.2017/2P-4C Crl.O.P.(MD) No.8877 of 2017 and Crl.M.P.(MD) No.6006 of 2017 20.07.2017 https://hcservices.ecourts.gov.in/hcservices/