This Criminal Original Petition has been filed to quash the records in pursuant to the impugned charge sheet in S.C.No.237 of 2014 on the file of the III Additional Sub-Court, Madurai at Usilampatti Camp.
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.Based on the complaint lodged by the second respondent, against the petitioners, a case was registered in Crime No.70 of 2013, on the file of the first respondent police for the offences punishable under
Sections 147,148,294(b),427,341,323,307,395 and
506(ii) IPC r/w 149 of IPC. After filing the charge sheet, the case was taken on file by the III Additional Sub-Court, Madurai at Usilampatti Camp, in S.C.No. 237 of 2014, against the 10 accused and the petitioners are accused Nos.1 to 7, 9 and 10. It is represented that 8th accused is no more.
4.The petitioners denied the incidents as it was recorded in the statement and contended that no serious injuries were caused to anyone and that
Section 307 would not be attracted as no injuries were sustained. It is pertinent to mention that except the first petitioner, no other petitioners were charged under
Section 307 IPC.
5.It appears that at the instigation of relatives and well wishers, the parties have settled their dispute amicably out of Court and they have also entered into a compromise. A Joint Compromise Memo, signed by both the parties, in the presence of their respective counsels, is also produced before this Court. As per the Joint Compromise Memo, the de-facto complainant, namely, the second respondent has given his consent to quash the Charge Sheet in S.C.No.237 of 2014.
5.The parties appeared before this Court and expressed in unequivocal terms that they have signed the Joint Compromise Memo on their own will and free 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 compromise arrived at between the parties, this Court is of the view that no useful or fruitful purpose will be served by keeping this matter pending. Hence the charge sheet in S.C.No.237 of 2014 on the file of the III Additional Sub Court, Madurai at Usilampatti Camp, 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, Saptur Police Station, Madurai District.
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