Jayamurugan @ Jayan v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.02.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.4895 of 2024 1.Jayamurugan @ Jayan 2.Silambu @ Silambarasan 3.Prasanna
...Petitioners /Accused
.Vs.
1.The Inspector of Police T-14, Mangadu Police Station.
..Respondent/Complainant (Crime No.683 of 2017) 2.Kalainesan ..Respondent/Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the proceedings in S.C.No.29 of 2019, pending on the file of the Principal Subordinate Judge at Kancheepuram and quash the same.
For Petitioners : Mr.S.Sathish Rajan For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side) for R1 Mr.M.Tamil Thendral for R2
ORDER
This Criminal Original Petition has been filed to quash the proceedings in S.C.No.29 of 2019, pending on the file of the Principal Subordinate Judge, Kancheepuram.
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. Joint memo of compromise filed by the petitioners and the 2nd respondent has been filed before this Court which has been signed by the petitioners and the 2nd respondent/de facto complainant and also by their respective counsel. The petitioners and the 2nd respondent were also present in person before this Court and they were identified by N.Sivakumar, SSI, T-14 Mangadu Police Station. In the Joint memo of compromise, it has been stated that the petitioners and the 2nd respondent have entered into a compromise and amicably settled their issues in S.C.No.29 of 2019, pending on the file of the Principal Subordinate Judge, Kancheepuram. 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), this Court in exercise of its jurisdiction under Section 482 Cr.P.C., to quash the proceedings in S.C.No.29 of 2019, pending on the file of the Principal Subordinate Judge, Kancheepuram.
5. This Criminal Original Petition stands allowed and as a sequel, the
proceedings in S.C.No.29 of 2019, pending on the file of the Principal Subordinate Judge, Kancheepuram is hereby quashed and the terms of Joint memo of Compromise shall form part and parcel of this order. Each of the petitioner shall pay a sum of Rs.750-/ (Rupees seven hundred and fifty only) as costs, to the credit of the President, Tamil Nadu Advocate's 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 the date of receipt of copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry. 6.Post this case for reporting compliance on 21.3.2024. 29.02.2024 Speaking Order/Non-Speaking Order Index: Yes/No Internet: Yes/No kp Note: Issue order copy on 7.3.2024 To 1.The Inspector of Police T-14, Mangadu Police Station.
2. Principal Subordinate Judge Kancheepuram.
3.The Public Prosecutor, High Court of Madras, Madras.
N.ANAND VENKATESH.J., kp CRL.O.P No.4895 of 2024 29.02.2024