Madras High CourtCRL OP(MD)/19602/2018allowed

B. Periyasamy v. The Sub Inspector Of Police

2018-11-01Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2018

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.19602 of 2018 1.B.Periyasamy 2.P.Meenakshi 3.P.Shikamani @ Sivakami 4.P.Surya @ Iswarya 5.V.Pathinettu

...Petitioners/Accused 1 to 5

Vs.

1. State through the Sub-Inspector of Police, Perungudi Police Station, Madurai District.

(Crime No.306 of 2015) ..Respondent/Complainant 2.S.Baluchamy

...Respondent/Defacto Complainant

Prayer: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records connected with FIR in Crime No.306 of 2015 on the file of the first respondent and quash the same as illegal.

For Petitioners : Mr.L.M.Vijai Boominathan For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate, (Crl. Side) For R-2 : Mr.R.Prakash

ORDER

This petition has been to quash the criminal proceedings in Crime No.306 of 2015 on the file of the first respondent as illegal. 2.Today, when the matter was taken up, the petitioners, the 2nd respondent, the learned counsel appearing for the petitioners and the learned counsel appearing for the second respondent are present and they have filed a memo of compromise stating that they have compromised the matter and the de facto complainant do not want to pursue the matter against the petitioners and he has no objection to quash the proceedings against the petitioners. The compromise memo filed by the petitioners and second respondent/de facto complainant is recorded.

3.Considering the fact that they have compromised the matter and recording the compromise memo filed by the parties, this Court is of the view that this is a fit case to quash the proceedings against the petitioners.

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4.Accordingly, this criminal original petition is allowed and the proceedings in Crime No.306 of 2015 on the file of the first respondent police against the petitioners /A1 to A5 is hereby quashed.

Sd/- Assistant Registrar(AD-I) /True Copy/ Sub Assistant Registrar(CS-III) Encl: Xerox copy of Joint Compromise Memo To 1.The Sub-Inspector of Police, Perungudi Police Station, Madurai District.

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

+1CC to Mr.L.M.Vijai Boominathan, Advocate, SR.No.94019 Crl.O.P(MD)No.19602 of 2018 01.11.2018 SM ES/PM/SAR 3/11.12.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/