Duraikannan v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.02.2017

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD) No.904 of 2017

1. Duraikannan

2. K.Murugesan 3.V.Ayyanar ... Petitioners/A1 to A3 -Vs1. The State rep by The Inspector of Police, B1 Vilakkuthoon Police Station, Madurai City Natham.

(Crime No. 503 of 2014) ... 1st Respondent/ Complainant

2. N.Sudarsan ... 2nd Respondent / Defacto Complainant Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the case in C.C.No.97 of 2016 on the file of the learned Judicial Magistrate No.1, Madurai and quash the same. For Petitioners : Mr.S.Ramakrishnan for M/s.B.Jameel Arasu For R-1 : Mr.A.P.Balasubramani Government Advocate (Crl. Side) For R-2 : Mr.J.Prabakaran

O R D E R

This petition has been filed to quash the entire proceedings in C.C.No.97 of 2016, pending on the file of the learned Judicial Magistrate No.I, Madurai.

2. Heard the learned counsel for the petitioners, the learned counsel for the second respondent and the learned Government Advocate (Crl. Side) for the first respondent.

3. The learned counsel for the petitioners would submit that based on the complaint given by the second respondent/de facto complainant, a case has been registered against the petitioners in Crime No.503 of 2014, for the offences under Sections 457 and 427 of IPC., on the file of the first respondent police and after filing final report and the same was taken on file as C.C.No.97 of 2016 by the learned Judicial Magistrate No.I, Madurai.

4. When the matter is taken up for hearing today, both the petitioners as well as the second respondent are appeared in person and their identifications were also verified by this Court, in addition to the confirmation of the identity of the parties by the https://hcservices.ecourts.gov.in/hcservices/

learned Government Advocate (Crl. Side) through the respondent police and they categorically made a statement that the dispute between them have been settled amicably. They also filed a joint memo of compromise dated 24.01.2017, duly signed by both parties and counter signed by their respective Counsel.

5. In view of the above, since the dispute between the parties was amicably settled out of Court, there is no necessity to keep this case pending. Accordingly, this Criminal Original Petition is allowed and the entire proceedings in Crime No.503 of 2014, for the offences under Sections 457 and 427 of IPC., on the file of the first respondent and the consequential proceedings in C.C.No.97 of 2016, on the file of the learned Judicial Magistrate No.I, Madurai, is hereby quashed. The joint memo of compromise shall form a part of this order.

Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar Elclosed:Joint memo dated:24.01.2017 To 1.The Judicial Magistrate No.I, Madurai.

2.The Inspector of Police, B1 Vilakkuthoon Police Station, Madurai City Natham.

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

+1 cc to MR.B.Jameel Arasu, ADVOCATE, SR NO:5779 PJL sva/mr/21.02.2017/2p/5c Crl.O.P.(MD).No.904 of 2017 01.02.2017 https://hcservices.ecourts.gov.in/hcservices/