Balu v. Manikandan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2019

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.2614 of 2019 1.Balu 2.Balamurugan 3.M.Ponmudi ... Petitioner Vs.

1.Manikandan 2.State by The Inspector of Police Karuvepilankurichi Police Station, Cuddalore District.

(Crime No.260 of 2016) ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the charge sheet in C.C.No.163 of 2017 on the file of the learned Judicial Magistrate No.2, Vridhachalam, Cuddalore District and quash the same.

For Petitioners: Mr.K.Anbuselvan For R2 : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

O R D E R

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.163 of 2017 on the file of the learned Judicial Magistrate No.2, Vridhachalam, Cuddalore District.

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. A Memo of Compromise has been filed by the petitioners and the first respondent before this Court, which have been signed by the petitioners and the first respondent. 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 First Information Report is pending before the respondent police. Even though, the offences involved are not compoundable in nature. In the light of the guidelines https://hcservices.ecourts.gov.in/hcservices/

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 First Information Report in Crime No.260 of 2016 pending on the file of the respondent police.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.163 of 2017 on the file of the learned Judicial Magistrate No.2, Vridhachalam, Cuddalore District, is quashed and the terms of Memo of Compromise shall form part and parcel of this order. The petitioners shall pay a sum of Rs.500/- (Rupees Five Hundred only) as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry), 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.

* Enclosed Xerox copy of the Memo of Compromise. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar mtl To 1.The Judicial Magistrate Court No.2, Vridhachalam, Cuddalore District.

2.The Inspector of Police Karuvepilankurichi Police Station, Cuddalore District.

3.The Public Prosecutor, High Court, Madras.

Copy To:

The Section Officer, Accounts Section, High Court, Madras.

+2ccs to Mr.K.Anbuselvan, Advocate, S.R.No.8861 Crl.O.P.No.2614 of 2019 SSI(CO) rrs 07/03/2019 https://hcservices.ecourts.gov.in/hcservices/