Madras High CourtCRL OP(MD)/24207/2016disposed of

Senthil, v. The Inspector Of Police,

2016-12-29Honourable Mr Justice R. Mahadevan3 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.24207 of 2016

1. Senthil

2. Selvan .. Petitioners/Accused -Vs1.State represented by the Inspector of Police, C5, Mandaikadu Police Station, Kanyakumari District ... 1st Respondent/Complainant 2.Satheesh ... 2nd Respondent/ Defacto complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the records in C.C.No.266 of 2012 on the file of the learned Judicial Magistrate, Eraniel, Kanyakumari District and quash the same. For Petitioners :Mr.R.J. Karthick For Respondents :Mr. P.Kannithevan Government Advocate(Crl.Side)-R1 : Mr.P.T.Rameshraja-R2

O R D E R

This petition has been filed to call for the records in C.C.No.266 of 2012 on the file of the learned Judicial Magistrate, Eraniel, Kanyakumari District 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.101 of 2012 in C.C.No.266 of 2012 on the file the learned Judicial Magistrate, Eraniel, Kanyakumari District for offences under Sections 341, 294(b), 323 and 506(i) of IPC on the file of the first respondent.

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 25.12.2016 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.101 of 2012 in C.C.No.266 of 2012 on the file the learned Judicial Magistrate, Eraniel, Kanyakumari District.

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.101 of 2012 in C.C.No.266 of 2012, on the file the learned Judicial Magistrate, Eraniel, Kanyakumari District is hereby quashed and the Criminal Original Petition is allowed. The compromise memo dated 25.12.2016 shall form part of the order. Sd/- Assistant Registrar(Writs) /True copy/ Encl:Joint The compromise memo xerox copy Sub Assistant Registrar To

1. The Inspector of Police, C5, Mandaikadu Police Station, Kanyakumari District.

2.The Judicial Magistrate, Eraniel,Kanyakumari District.

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

+1 cc to M/s.R.J.Karthik, Advocate, SR.No.83772 AA/5c/3p/11.01.2017 Crl.O.P.(MD) No.24207 of2016 29.12.2016