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2017 DIGILAW 1839 (MAD)

Francis Xavier v. Inspector of Police, Alankulam Police Station

2017-07-03

S.S.SUNDAR

body2017
ORDER : 1. This Criminal Original Petition has been filed praying this Court to call for the records in P.R.C.No.20 of 2016 on the file of the learned Judicial magistrate No. II, Sattur and quash the same. 2. Heard the learned counsel for the Petitioners as well as the learned Government Advocate (Crl.Side) appearing for the first respondent/Police and perused the materials placed before the Court including the Joint Compromise memo filed by both the parties. 3. The de-facto complainant and the Petitioners have entered into a joint compromise among themselves and all of them filed a compromise memo before this Court and this Court also verified the identification of the parties and they have uniformly stated that the compromise memo signed by them on 24.6.2017, was out of their own volition and free will and they have signed the compromise memo knowing the contents thereof. Therefore it is stated that the charge sheet filed by the first respondent/Police need not be proceeded with as no fruitful purpose will be served. It is alleged that due to the intervention of the elders, the parties have entered into a compromise. Therefore, the proceedings in P.R.C.No.20 of 2016 on the file of the learned Judicial magistrate No.II, Sattur is liable to be quashed. 4. Apart from the facts of this case, the learned counsel for the Petitioners also placed reliance on a decision of the Honourable Supreme Court in the case of Gian Singh .vs. State of Punjab and another, reported in (2012) 10 Supreme Court Cases 303. 5. Therefore, recording the joint compromise memo, the entire proceedings in P.R.C.No.20 of 2016 on the file of the learned Judicial magistrate No. II, Sattur in respect of the petitioners alone, is, hereby, quashed and this Criminal Original Petition is allowed accordingly. The joint compromise memo shall form part of the order of this Court.