Madras High CourtCRL OP(MD)/22887/2016allowed

Viji @ Vijay v. The Sub Inspector Of Police

2016-12-02Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD).No.22887 of 2016 and Crl.M.P.(MD) No. 12012 of 2016

1. Viji @ Vijay

2. Prabhu @ Prabhakaran

3. Prabhakaran

4. Thangapandi

5. Murugan

6. Ramu @ Ramkumar

7. Athiveeran @ Athiveerapandian

8. Manoj @ Manojkumar .. Petitioners/A1 to A8 Vs.

1. The Sub Inspector of Police Thenkarai Police Station, Theni District.

(Crime No. 505 of 2016) .. 1st Respondent/Complainant

2. Mayandi .. 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to quash the FIR made in Crime No.505 of 2016 on the file of the first Respondent.

For Petitioners : Mr. P.R.Prithiviraj For R1 : Mr. K. Anbarasan Government Advocate(Crl. side)

O R D E R

This petition has been filed seeking to quash FIR in Crime No.505 of 2016 on the file of the first respondent police pursuant to the amicable settlement effected between the parties.

2. It is seen that a case in Crime No.505 of 2016 for the alleged offences under Sections 147, 148, 447, 427, 294(b), 324 and 506(ii) IPC, has been registered against one named and 10 unnamed persons.

3. When the matter is taken up for hearing, the petitioners/accused and the second respondent, appeared in person and their identifications were also verified by this Court. Learned counsel appearing for the parties also endorsed the identify of their respective parties.

4. The learned counsel appearing on either side filed a joint memo of compromise dated 02.12.2016, duly stating that since the parties have arrived at an amicable settlement by way of compromise among themselves, the second respondent has agreed to quash the case in Crime No.505 of 2016 on the file of the first respondent police.

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5. Considering the nature of allegations and in view of joint memo of compromise dated 02.12.2016, this Court is of the opinion that no useful purpose would be served in keeping FIR pending. Therefore, the entire case in Crime No.505 of 2016 in respect of the petitioners/accused, are hereby quashed.

6. Accordingly, this Criminal Original Petition is allowed on the basis of the compromise entered into between the parties. The joint compromise memo dated 02.12.2016 shall form part of this order.Consequently, connected Crl.M.P.(MD) No.12012 of 2016 is also dismissed.

Sd/- Assistant Registrar(CO) /TRUE COPY/ Sub Assistant Registrar To 1.The Sub Inspector of Police, Thenkarai Police Station, Theni District.

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

+1 cc to Mr.P.R.Prithvi Raj, Advocate,SR.No:79375 CM sva/mm/19.01.2017/2p/4c Crl.O.P.(MD).No.22887 of 2016 and Crl. M.P.(MD) No.12012 of 2016 02.12.2016 https://hcservices.ecourts.gov.in/hcservices/