This Criminal Original petition is filed for quashing the Charge Sheet in C.C.No.60 of 2002 on the file of the learned Judicial Magistrate, Mudukulathur, in so far as the petitioners are concerned.
2. Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Criminal side) appearing for the first respondent and the learned counsel appearing for the second respondent.
3. On the basis of the complaint lodged by the second respondent, a case was registered against the petitioners by the first respondent in Crime No.436 of 2001 for the alleged offences under
Sections 147,148,341,324,427 and
506(ii) of I.P.C., r/w 149 of I.P.C. After the registration of the First Information Report, a Charge Sheet was also filed and taken on file in C.C.No.60 of 2002 on the file of the learned Judicial Magistrate, Mudukulathur.
4. It appears that the parties, namely, the petitioners who are the accused Nos.1, 4 and 9 and the second respondent/defacto complainant have entered into a compromise, on the advise of the family members and elders and in the Joint Compromise Memo, the defacto complainant specifically agreed to quash the criminal proceedings in C.C.No.60 of 2002 as against the petitioners.
5. The parties appeared today before this Court and expressed in unequivocal terms that the Compromise Memo, dated 10.07.2017, signed by them was on their own free will and volition. The identity of the parties are verified with reference to the authenticated documents produced by the parties before this Court. The identity of the parties are also confirmed by the learned Government Advocate(Criminal side) through the first respondent police.
6. Having regard to the specific terms of the Joint Compromise Memo, this Court is of the view that no useful or fruitful purpose will be served by keeping this matter pending. Hence, the Criminal Original petition is allowed and on the basis of the Compromise Memo signed by the parties, the criminal proceedings in C.C.No.60 of 2002 on the file of the learned Judicial Magistrate, Mudukulathur, is quashed in respect of the petitioners only and the Joint Compromise Memo signed by the parties shall form part of the order.
To
1. The Inspector of Police, Sayalkudi Police Station, Ramanathapuram District.
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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