Madras High CourtCRL OP(MD)/24208/2016disposed of

Gnana Shanmugam @ Gnanam v. The Sub Inspector Of Police

2016-12-29Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.12.2016

CORAM

THE HON'BLE MR.JUSTICE R. MAHADEVAN Crl.O.P.(MD) No.24208 of 2016 Gnana Shanmugam @ Gnanam .. Petitioners/Accused -Vs1.State represented by the Sub Inspector of Police, Alagappapuram Police Station, Karaikudi, Sivagangai District.

... 1st Respondent/Complainant 2.Sureshkumar @ Suresh ... 2nd Respondent/Defacto Complaint Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the records and quash the proceedings in Crime No.90/2016 on the file of the first respondent herein and quash the same.

For Petitioners : Mr.R.M. Arun Swaminathan For Respondents : Mr. P. Thoothai Muniyasamy For R2 Public Prosecutor. For R1

O R D E R

This petition has been filed to call for the records and quash the proceedings in Crime No.90/2016 on the file of the first respondent herein and quash the same.

2. Heard the learned Counsel for the petitioner and the Public Prosecutor appearing for the first respondent.

3. Based on the complaint given by the second respondent/defacto complainant, a case has been registered against the petitioner in Cr.No.90 of 2016 for offences under Sections 448 and 323 of IPC on the file of the first respondent. The said F.I.R. is challenged before this Court.

4. Today, when the matter was taken up for hearing, both the petitioner as well as the second respondent are present before this Court and they categorically made a statement that the dispute between them have been settled amicably. They also filed a joint compromise memo dated 28.12.2016 duly signed by both parties and counter signed by their respective Counsel. The learned Counsel for the second respondent also has no objection to quash the proceedings in Cr.No.90 of 2016. https://hcservices.ecourts.gov.in/hcservices/

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

6.In view of that, the impugned proceedings in Cr.No.90 of 2016, on the file of the first respondent is hereby quashed and the Criminal Original Petition is allowed.

The compromise memo dated 28.12.2016 shall form part of the order. Sd/- Assistant Registrar () /True Copy/ Sub Assistant Registrar To:

(*)Compromise Memo is annexed to this Order

1. Sub Inspector of Police, Alagappapuram Police Station, Karaikudi, Sivagangai District.

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

+1 cc to Mr. RM.ARUN SWAMINATHAN, Advocate, Sr.No:83788 Crl.O.P.(MD) NO.24208 of 2016 29.12.2016 trp MS/09.01.2017/2P-4C https://hcservices.ecourts.gov.in/hcservices/