Sarathkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN 1.Sarathkumar, S/o.Thothan 2.Mugeshkannan, S/o.Pichaimuthu 3.Jerald @ Jerald Pushparaj, S/o.Dharmar @ Dharmaraj 4.Gopalakrishnan, S/o.Ramu 5.Sundarapandi @ Sundarapandiyan, S/o.Poosaipandiyan ..Petitioners/A1 to A5 Vs.

1.The State Rep. by The Inspector of Police, Thenkarai Police Station, Periyakulam Taluk, Theni District.

(Crime No.777 of 2020) ... 1st Respondent/ Complainant 2.Selladurai, S/o.Perumal ... 2nd Respondent/ De-facto complainant 3.Muthukumar, S/o.Manoharan 4.Thangapandi, S/o.Chelladurai ... Respondents 3 & 4/ Victims PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to quash the F.I.R. in Crime No.777 of 2020, dated 08.05.2020, pending on the file of the first respondent police.

For Petitioners : Mr.R.Shankar Ganesh For R1 : Mr.S.Chandrasekar Additional Public Prosecutor For R2 to R4 : Mr.A.Ananda Raj

ORDER

This Criminal Original Petition has been filed to quash the proceedings in Crime No.777 of 2020, pending on the file of the first respondent.

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2.Heard the learned counsel appearing for the petitioners, the learned Additional Public Prosecutor appearing for the first respondent and the learned counsel appearing for the respondents 2 to 4.

3.The petitioners are the accused in Crime No.777 of 2020. Based on the complaint lodged by the second respondent herein, the said case was registered against the petitioners by the first respondent for the offences under Sections 147, 148, 294(b), 323, 324, 336, 307 and 506(ii) of I.P.C. and subsequently, altered into Sections 294(b), 323, 324 and 336 of I.P.C.

4.Now, it appears that the parties have settled their dispute amicably out of Court and that they have also entered into a compromise on the advise of elders. They have also stated that they have acted upon the compromise. A Joint Compromise Memo, signed by the parties, in the presence of their respective counsels, is also produced before this Court. As per the Joint Compromise Memo, the second respondent/de-facto complainant and the respondents 3 and 4/victims have no objection for quashing the entire proceedings in Crime No.777 of 2020, pending on the file of the first respondent. 5.The parties appeared before this Court through video conferencing and expressed in unequivocal terms that they have signed the Joint Compromise Memo on their own free will and volition. The identity of the parties are verified and confirmed by Mr.

Arumugam, Deputy Superintendent of Police, Periyakulam. 6.Having regard to the specific terms of the Joint Compromise Memo, this Court is of the view that no useful purpose will be served by keeping this matter is pending. Hence, the proceedings in Crime No.777 of 2020, on the file of the first respondent, is quashed in toto. The Joint Compromise Memo signed by the parties shall form part of this order.

7.Accordingly, this Criminal Original Petition is allowed. Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) Smn2 Enclose: Xerox Copy of Joint Compromise Memo. 2/3

To 1.The Inspector of Police, Thenkarai Police Station, Periyakulam Taluk, Theni District.

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

17.08.2020 CS (26.08.2020) 3P 3C 3/3