Narasingu v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 1.Narasingu, S/o.Anjapuli 2.Silambarasan, S/o.Iyyappan 3.Seetharaman, S/o.Venkatesan 4.Pazhani, S/o.Perumal ... Petitioners Vs.

1.The State represented by, The Inspector of Police, Pudupettai Police Station, Cuddalore.

(Crime No.46/2019) 2.Venkatraj, S/o.Arsunan ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to call for the records in C.C.No.345 of 1/4

2019 pending on the file of the Judicial Magistrate - II, Panruti and quash the same.

For Petitioner : Mr.M.Kalaiyarasan For Respondents : Mr.A.Gopinath for R1 Government Advocate (Criminal Side)

O R D E R

The Criminal Original Petition has been filed to call for the records pertaining to the proceedings in C.C.No.345 of 2019 pending on the file of the Judicial Magistrate - II, Panruti and quash the same.

2. The case is still at the stage of trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. The compromise affidavit has been filed by the 2nd respondent/de-facto complainant before this Court. The petitioner and the second respondent were also present in person before this Court and they were identified by Mr.E.Rajasekar, Grade I Police, Pudupet Police Station, Cuddalore District, (Mobile:9498109820]. In the affidavit it has been stated that the petitioners and the second respondent have entered into a compromise and amicably settled their issues in C.C.No.345 of 2/4

2019. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

4. Under such circumstances, no useful purpose will be served in keeping the case pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), and after exercising due caution as advised by the Hon'ble Suprme Court in The State of Madhya Pradesh v. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10, this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the case in C.C.No.345 of 2019 pending on the file of the Judicial Magistrate - II, Panruti.

5.The amount that has been deposited by the petitioners in C.C.No.345 of 2019 pending on the file of the Judicial Magistrate - II, Panruti shall be permitted to be withdrawn along with accrued interest by the 2nd respondent by entertaining a memo from the 2nd respondent in this regard.

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N.ANAND VENKATESH, J.

sk 6.This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.345 of 2019 pending on the file of the Judicial Magistrate - II, Panruti. is quashed and the terms of affidavit shall form part and parcel of this order. Each petitioner shall pay a sum of Rs.500/- (Rupees Five Hundred only) as costs, to the credit of the President, Tamil Nadu Advocates Clerk Association, Madras High Court, Chennai (Indian Bank, High Court Branch, A/c No.484026006, IFSC Code:IDIB000M157), within a period of two weeks from today and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

01.02.2024 Speaking Order/Non-speaking Order Index :Yes/No sk To 1.The Judicial Magistrate - II, Panruti.

2.The Inspector of Police, Pudupettai Police Station, Cuddalore.

3.The Public Prosecutor, High Court, Madras.

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