The Criminal Original Petition has been filed to call for the records in the charge sheet in C.C.No.172 of 2016 on the file of the learned Judicial Magistrate, Valliyur and to quash the same.
2.Heard the learned counsel appearing for the petitioner, learned Additional Public Prosecutor appearing for the first respondent and the learned counsel appearing for the second respondent.
3.The petitioner is the 4th accused in Cr.No.189 of 2011. Based on the complaint lodged by the second respondent, namely the de-facto complainant, a case was registered in Crime No.189 of 2011, by the respondent police for the offences punishable under
Sections 147,148,294(b),448 and
506(ii) IPC. After filing the charge sheet the case was taken on file in C.C.No.172 of 2016 before the learned Judicial Magistrate, Valliyur.
4.It appears that the petitioner and the second respondent, namely, the de-facto complainant have settled their dispute amicably out of Court and they have also entered into a compromise, on the advise of elders and well wishers. A Joint Compromise Memo, signed by both parties, in the presence of their respective counsel, is also produced before this Court. As per the Joint Compromise Memo, de-facto complainant, namely, the second respondent, has agreed for quashing the charge sheet in C.C.No.172 of 2016 on the file of the learned Judicial Magistrate, Valliyur.
5.The parties appeared before this Court and expressed in unequivocal terms that they have signed the Joint Compromise Memo 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 Additional Public Prosecutor 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 purpose will be served by keeping this matter pending. Hence the charge sheet in C.C.No.172 of 2016 on the file of the learned Judicial Magistrate, Valliyur, 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.
To The Inspector of Police, Uvari Police Station, Tirunelveli District.
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