Vanniyaperumal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.9312 of 2017 1.Venniyaperumal 2.Ganesan 3.Alex @ Ramakrishnan ... Petitioners/Accused No.1 to 3 -Vs1.The State Rep. by the Inspector of Police, Puliampatti Police Station, Thoothukudi District.

(Crime No.20 of 2015) ... Respondent/Complainant 2.Ganapathy ... 2nd Respondent/Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Code of Criminal Procedure, to call for the records in connection with the impugned charge sheet in P.R.C.No.10 of 2017 on the file of the learned Judicial Magistrate No.I, Kovilpatti and quash the same. For Petitioners :

Mr.G.Thalaimutharasu For R-1 :

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

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O R D E R

This Criminal Original petition is filed for quashing the impugned charge sheet in P.R.C.No.10 of 2017 on the file of the learned Judicial Magistrate No.I, Kovilpatti.

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

3. The second respondent/defacto complainant lodged a complaint before the first respondent police against the petitioners and a case was registered against the petitioners in Crime No.20 of 2015, dated 20.04.2015, for the offences under Sections 294(b), 427, 506 (i) I.P.C. A Charge Sheet was also filed before the learned Judicial Magistrate No.I, Kovilpatti, for the offences under Sections 294(b), 506(i) of I.P.C and Section 3 of TNPPDL Act. The case was taken up https://hcservices.ecourts.gov.in/hcservices/

on file in P.R.C.No.10 of 2017 on the file of the learned Judicial Magistrate No.I, Kovilpatti.

4. Pursuant to the filling of the Charge Sheet, the petitioners as well as the defacto complainant have entered into a compromise, under the guidance of the villagers and well wishers of the parties. It is stated that in view of the compromise arrived between the parties, the second respondent is not willing to proceed further with the criminal case. In the said circumstances, the above Criminal Original petition has been filed.

5.The parties appeared before this Court and expressed in unequivocal terms that they have signed in the Compromise Memo on their own free 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.

6. Having regard to the specific terms in the Compromise memo, this Court is of the view that no useful purpose will be served by keeping this matter pending. Hence, the Criminal Original petition is allowed and the impugned Charge Sheet in P.R.C.No.10 of 2017 on the file of the learned Judicial Magistrate No.I, Kovilpatti, is quashed in toto and the Joint Compromise Memo signed by the parties shall form part of the order.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The Judicial Magistrate No.I, Kovilpatti 2.The Inspector of Police, Puliampatti Police Station, Thoothukudi District.

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

PMU JS/GT/SAR.1/1.8.2017/2P-4C Crl.O.P.(MD) No.9312 of 2017 19.07.2017 https://hcservices.ecourts.gov.in/hcservices/