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Madras High CourtCRL OP(MD)/9841/2017allowed

Ajees @ Abdul Ajees, v. The Inspector Of Police,

2017-07-28Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.9841 of 2017 Ajees @ Abdul Ajees ... Petitioner/Sole Accused -Vs1. State represented by, The Inspector of Police, Pattukottai Town Police Station, Thanjavur District, (In Crime No.140 of 2016) .. 1st Respondent/Complainant

2. Markandan ..2nd Respondent/Defacto Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records pertaining to the case in Crime No.140 of 2016 on the file of the first respondent police and quash the same.

For Petitioner : Mr.B.Jameel Arasu For 1st Respondent : Mr.C.Ramesh Additional Public Prosecutor For 2nd Respondent : M/s.H.Joel Paul Antony

O R D E R

This Criminal Original petition is filed to call for the records pertaining to the case in Crime No.140 of 2016 on the file of the first respondent police and quash the same.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent and perused the records.

3.Based on the complaint given by the 2nd respondent/defacto complainant, a case was registered against the petitioner in Crime No.140 of 2016, for the offences punishable under Section 386 of IPC., on the file of the first respondent.

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4. When the matter is taken up for hearing, both the petitioner as well as the second respondent appeared in person and the identity of the persons were also verified by this Court, in addition to the confirmation of the identity of the parties by the learned Additional Pubic Prosecutor through the respondent police and they categorically made a statement that the dispute between them have been settled amicably by the intervention of the elders in the locality. They also filed a memo of compromise dated 24.07.2017 duly signed by both parties and counter signed by their respective Counsel.

5. In view of the statements made by the parties and the compromise memo filed by them, no fruitful purpose will be achieved to proceed further in this matter.

6. Having considered the fact that the parties have entered into compromise, this Criminal Original Petition is allowed and the entire proceedings in Crime No.140 of 2016, on the file of the first respondent is quashed in toto and the Joint Compromise Memo filed by the parties shall form part of the order. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar To (*)COMPROMISE MEMO XEROX COPY IS ENCLOSED HEREWITH 1.The Inspector of Police, Pattukottai Town Police Station, Thanjavur District.

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

+One cc t M/s.B.Jameel Arasu, Advocate, SR.No.68841 pjl RL/4C/2P/KK/SAR1/7/8/2017 Crl.O.P.(MD) No.9841 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 28.07.2017