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V.Shanmugam vs The State Through

Madras High Court|06 November, 2017

JUDGMENT / ORDER

This Criminal Original Petition has been filed to call for the records connected with the case in Cr.No.306 of 2012 pending on the file of the 1st respondent and 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 5 in Cr.No.306 of 2012. Based on the complaint lodged by the second respondent, as against the petitioners, a case was registered in Cr.No.306 of 2012 for the alleged offences under Sections 147,294(b),323,427 and 354 IPC and Section 4 of Tamilnadu Prohibition of Women Harassment Act. The case was registered in the year 2012, final report is yet to be taken on file.
4.It appears that the parties have settled their dispute amicably out of Court and they have also entered into a compromise, on the advice of well wishers and 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 terms of the Joint Compromise Memo, the de-facto complainant, namely, the second respondent has no objection for quashing the First Information Report in Cr.No.306 of 2012.
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 or fruitful purpose will be served by keeping this matter pending. Hence, the criminal proceedings in Cr.No.306 of 2012, on the file of the first respondent / The Inspector of Police, Paramakudi Nagar Police Station, 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 The Inspector of Police, Paramakudi Nagar Police Station, Ramanathapuram District.
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Title

V.Shanmugam vs The State Through

Court

Madras High Court

JudgmentDate
06 November, 2017