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Shajakan vs State Represented By

Madras High Court|20 November, 2017

JUDGMENT / ORDER

The Criminal Original Petition has been filed to call for the records of the case in C.C.No.61 of 2017 pending on the file of Judicial Magistrate, Thiruvadanai, Ramanathapuram District and to quash the same.
2.Heard the learned counsel appearing for the petitioners, the learned Additional Public Prosecutor appearing for the first respondent and the learned counsel appearing for the second respondent.
3.The petitioners are accused No.1 to 3 in C.C.No.61 of 2017. Based on the complaint lodged by the de-facto complainant namely the second respondent, a case was registered in Crime No.2 of 2016, by the respondent police for the alleged offences under Sections 447,294(b) and 506(ii). After filing the charge sheet, the case was taken on file in C.C.No.61 of 2017 before the learned Judicial Magistrate, Thiruvadanai, Ramanathapuram District.
4.It appears that the petitioners and the second respondent have settled their dispute amicably out of Court and they have also entered into a compromise, on the advise of elders and the family members. 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, the de-facto complainant, namely, the second respondent, has agreed to compromise the mater and to quash the entire proceedings in C.C.No.61 of 2017.
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 criminal proceedings in C.C.No.61 of 2017 on the file of the learned Judicial Magistrate, Thiruvadanai, Ramanathapuram District, 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
1.The Sub Inspector of Police, Thondi Police Station, Ramanathapuram District.
2.The Judicial Magistrate Court, Thiruvadanai, Ramanathapuram District .
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Title

Shajakan vs State Represented By

Court

Madras High Court

JudgmentDate
20 November, 2017