Vinoth @ Vinothkumar v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:29.01.2019

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.2131 of 2019

1. Vinoth @ Vinothkumar

2. Karthik

3. Mohan

4. Azaruddin ... Petitioners/A1 to A3 & A5 Vs.

State Rep. By

1. The Inspector of Police, H-1, Washermanpet Police Station, Chennai-600 021.

(Crime No.456 of 2016) ...

Respondent/Complainant

2. Ramadoss ... Respondent/Defacto Complainant Prayer: Criminal Original petition filed under Section 482 of the Criminal Procedure Code, to call for the records in C.C.No.648 of 2018 on the file of the learned XV Metropolitan Magistrate, George Town, Chennai and quash the same.

For Petitioners: Mr.M.Balaji For R1 : Mr.Mohamed Riyaz Additional Public Prosecutor

ORDER

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.648 of 2018 on the file of the learned XV Metropolitan Magistrate, George Town, Chennai.

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

3. A Memo of Compromise has been filed before this Court on 29.01.2019 which have been signed by the petitioners and the second respondent and also by their respective counsel. The parties were also present before the Court and they were identified and they have also produced the copies of the Aadhaar Card which are made part of the record. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

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4. Under such circumstances, no useful purpose will be served in keeping C.C.No.648 of 2018 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), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the proceedings in C.C.No.648 of 2018, on the file of the first respondent.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.648 of 2018 on the file of the learned XV Metropolitan Magistrate, George Town, Chennai is quashed and the terms of Memo of Compromise shall form part and parcel of this order. Each of the petitioner shall pay a sum of Rs.1000/- as cost, to the credit of the Chief Justice Relief Fund, High Court, Madras, within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

Sd/- Deputy Registrar(CS) //True Copy// Sub Assistant Registrar dss To

1. The XV Metropolitan Magistrate, George Town, Chennai.

2.The Inspector of Police, H-1, Washermanpet Police Station, Chennai-600 021.

3. The Public Prosecutor, Madras High Court.

Copy to The section officer, ACCOUNTS Section, High court Madras +1cc to Mr.M.BALAJI , Advocate SR.No. 7277 +3ccs to Mr.M.BALAJI , Advocate SR.No. 7277(11.02.2019) Crl.O.P.No.2131 of 2019 A.SK(11/02/2019) https://hcservices.ecourts.gov.in/hcservices/