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B.Saroja vs R.Jayaraj

Madras High Court|11 September, 2017

JUDGMENT / ORDER

This Criminal Original petition has been filed to quash the charge sheet in C.C.No.825 of 2013 pending on the file of the learned Judicial Magistrate No.2, Madurai.
2. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the first respondent and the learned Government Advocate(Criminal side) appearing for the second respondent.
3.The petitioner is the sole accused in Crime No.1125 of 2008 which was registered for the offences punishable under Sections 420,465,468,471 r/w 511 IPC. After filing the charge sheet, the case was taken on file in C.C.No.825 of 2013 on the file of the learned Judicial Magistrate No.2, Madurai.
4.It appears that at the advise of the elders and friends, the petitioners and the first respondent have settled their dispute amicably out of Court and they have also entered into compromise. A Joint Compromise Memo, dated 07.08.2017, signed by both parties, in the presence of their respective counsel, is also filed. As per the Joint Compromise Memo, the de-facto complainant, namely, the first respondent has given his consent to quash the entire proceedings in C.C.No.825 of 2013 on the file of the learned Judicial Magistrate No.2, Madurai, in favour of the petitioner.
5.The parties appeared before this Court and expressed in unequivocal terms that they have signed in the Joint Compromise Memo on their own will and volition. The identities of the parties are verified with reference to the authenticated documents produced by the parties before this Court. The identities of the parties are also confirmed by the learned Government Advocate(Criminal side) through the second respondent police.
6.Having regard to the compromise arrived at between the parties, this Court is of the view that no useful purpose will be served by keeping this matter pending. As per the Compromise Memo signed by the parties, the de- facto complainant, namely, the first respondent has agreed to quash the proceedings against petitioner. Hence the criminal proceedings in C.C.No.825 of 2013 on the file of the learned Judicial Magistrate No.2, Madurai, is quashed in toto. The Joint Compromise Memo signed by the parties shall form part of the order.
7.Accordingly, the Criminal Original petition is allowed. Consequently, the connected miscellaneous petition is closed.
To
1.The Judicial Magistrate No.2, Madurai.
2.The Regional Deputy Director, (Khadi and Village Industries), Madurai ? 10.
3.The Sub-Inspector of Police, C-4, Thilagar thidal Police Station, Madurai.
.
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Title

B.Saroja vs R.Jayaraj

Court

Madras High Court

JudgmentDate
11 September, 2017