Manikandan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.OP.(MD)No.9639 of 2017 1.Manikandan 2.Navaneethakrishnan

...Petitioners/Accused No.1&2

Vs.

1. The State, represented by The Inspector of Police, Kenikarai Police Station Ramanathapruam, Ramanathapuram District.

(Crime No.434/2017) ....Respondent/Complainant

2. Muthumurugan

...Respondent/De-facto

Complainant PRAYER: This Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying this Court to call for the records pertaining to the First Information Report in Crime No.434 of 2017 under Sections 294(b), 324 and 506(ii)IPC on the file of first respondent herein and to quash the same as illegal. For Petitioner : M/s.D.Balamurugapandi For Respondent-1 : Mr.K.Anbarasan Govt. Advocate(Crl.Side) For Respondent-2 : Mr.Vignesh Kumar

O R D E R

This Criminal Original Petition has been filed to quash the First Information Report in Crime No.434 of 2017,on the file of first respondent-Police.

2.Heard the submissions of Mr.D.Balamurugapandi, learned counsel for the Petitioners and Mr.K.Anbarasan, learned Government Advocate(Crl.side)appearing for the first respondent/State and Mr.M.Vignesh Kumar, learned counsel appearing for the second respondent and perused the materials placed before this Court including the joint compromise memo filed by both the parties.

3.The Petitioners are accused No.1 and 2 in Crime No.434 of 2017, on the file of the first respondent/Police, which was registered for the offence under Sections 294(b), 324 and 506(ii) IPC. Based on the complaint given by the second respondent/defacto complainant, the above criminal case was registered. Pursuant to the registration of the above Criminal Case, the Petitioners and the de-facto complainant/second respondent herein, have entered into a compromise in the presence of elderly persons of their family. It is stated that the parties have resolved their dispute and settled the matter out of the Court. A Joint Compromise Memo, dated 10.07.2017 is produced before this Court. It has been specifically stated that the parties have no objection for quashing the FIR in Crime No.434 of 2017, on the file of first respondent-Police.

The parties have appeared before this Court today and expressed in unequivocal terms that they have signed the joint compromise memo on their free will and volition. The identity of the parties are verified with reference to the authenticated documents produced before this Court by the parties concerned. The identity of the parties are also confirmed by the learned Government Advocate (Crl.Side)through the first respondent/Police.

4.Having regard to the terms of the compromise, this Court is of the view that no useful purpose will be served in keeping this petition pending. Hence, in the circumstances stated above, this Court is inclined to quash the FIR registered against the Petitioners on the basis of the Joint Compromise Memo, dated 10.07.2017, filed by both the parties.

5. Accordingly, this Criminal Original Petition is allowed and the FIR in Crime No. 434 of 2017, pending on the file of the respondent No.1/Police in respect of the Petitioners alone is quashed. The Joint compromise memo, dated 10.07.2017 shall form part and parcel of this order.

Sd/- Assistant Registrar(crl side) /True Copy/ Sub Assistant Registrar To

1. The Inspector of Police, Kenikarai Police Station Ramanathapruam, Ramanathapuram District.

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

+1cc to Mr.D.Balamurugapandi, Advocate Sr.No.67765 VSN VB/MR/KKR/SAR3/07/08/2017/3P/4C ORDER MADE IN CRL.OP.(MD)No.9639 of 2017 26.07.2017