Rajasekar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2017

CORAM:

THE HONOURABLE MR. JUSTICE S.S.SUNDAR Crl.O.P.(MD).No.8891 of 2017 1.Rajasekar 2.Kanthasamy 3.Thiravium 4.Vinoraj 5.Nathan 6.Sathish @ Sathishkumar 7.Naveen @ Navaneethakrishnan 8.Vignesh ... Petitioners/Accused 1 to 8 Vs.

1.The State By the Inspector of Police, Pazhavoor Police Station, Tirunelveli District.

...1st Respondent/Complainant

2. M.Manoraj ... 2nd Respondent/De-facto complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to call for the records pertaining to Crime No.70 of 2017 on the file of the 1st respondent and quash the same. For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.K.Anbarasan Government Advocate (Criminal side) D.Venkatesh for R2

O R D E R

This petition has been filed seeking a direction to call for the records pertaining to Crime No.70 of 2017 on the file of the 1st respondent and quash the same.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

3. This is a case where the case in counter was registered for the offences under Sections 147, 148, 294(b) 323, 324 and 506 (ii) of IPC. It is stated that due to some wordy quarrel the case in counter was registered. However, pursuant to the persuasion and intervention of elders, it is stated that, oral compromise was https://hcservices.ecourts.gov.in/hcservices/

earlier arrived at. Since the matter was settled amicably the parties agreed mutually that they will not proceed against other further and in this regard a joint compromise memo, signed by the parties, has been filed.

4. The parties appeared in person and they have submitted that they have signed in the compromise memo out of their own will and volition. The identifications of the parties, who signed in the compromise memo, were also verified by this Court through authenticated documents produced by them. Apart from that, identity of those persons are confirmed by the learned Government Advocate (Crl.side) through the respondent police.

5. Since the parties in this case have mutually agreed not to proceed further in the above case, this Court is of the view that no useful purpose will be served by keeping this matter pending before this Court.

6. Hence this Criminal Original Petition is allowed and the complaint registered in Crime No.70 of 2017 is quashed on the basis of the compromise memo filed by the parties concerned, dated 10.06.2017. The compromise memo shall form part of this order. Sd/- Assistant Registrar(CS-II) / True Copy / Sub Assistant Registrar(C.S.) To Joint compromise memo xerox copies are enclosed 1.The Inspector of Police, Pazhavoor Police Station,Tirunelveli District. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to M/S.D.VENKATESH, Advocate SR.No.65155 TA/vsa MAS/KP/SAR1:08.08.2017:2P-4C Crl.O.P.(MD).No.8891 of 2017 13.07.2017 https://hcservices.ecourts.gov.in/hcservices/