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Madras High CourtCRL OP/4640/2022allowed

Ramesh Kumar v. State Rep By

2022-03-08Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :08.03.2022

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.4640 of 2022 Ramesh Kumar

...Petitioner/Accused

Vs.

1.The Sub Inspector of Police, Thittakudi Police Station, Cuddalore District, Crime No.158/2018 ...1st Respondent/ Complainant 2.Vadivel Kumar ...2nd Respondent/ Defacto Complainant Prayer: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to call for the records relating to C.C.No.38 of 2020, on the file of the Judicial Magistrate, Tittakudi, Cuddalore District and quash the same. For Petitioner : Mr.M.Velmurugan For R1 : Mr.A.Gokulakrishnan Additional Public Prosecutor For R2 : No appearance

O R D E R

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.38 of 2020, pending on the file of the Judicial Magistrate, Thittakudi, Cuddalore District, for the offences punishable under Sections 294(b), 324 and 506(ii) of IPC.

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

3.A Joint Memo of Compromise has been filed before this Court, which have been signed by the petitioner and his counsel https://hcservices.ecourts.gov.in/hcservices/

and also by the second respondent. The petitioner and the second respondent have also presented in person before this Court and they were identified. This Court also enquired both the parties and has 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 proceedings in C.C.No.38 of 2020 pending. 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), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the proceedings in C.C.No.38 of 2020.

5.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.38 of 2020, on the file of the learned Judicial Magistrate, Thittakudi, Cuddalore District, is quashed and the terms of joint compromise memo shall form part and parcel of this order. (* Joint Memorandum of Compromise Xerox copies enclosed) s/d- Assistant Registrar True Copy Sub-Assistant Registrar Dua To 1.The Sub Inspector of Police, Thittakudi Police Station, Cuddalore District.

2.The Public Prosecutor, High Court, Madras.

Copy to The Judicial Magistrate Thittakudi, Cuddalore District Crl.O.P.No.4640 of 2022 GPL(CO) SP(22/03/2022) https://hcservices.ecourts.gov.in/hcservices/