Vadivel v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.07.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.6933 of 2020

1. Vadivel

2. Dinesh @ Dinesh Kumar

3. Naveen Kumar

4. Vanchinathan

5. Basha

6. Sumanraj

7. Venkatesan

8. Sundarajan

9. Karvannan

10. Parthasarathy

...Petitioners/Accused

.Vs.

1. State represented by Inspector of Police, Mailam Police Station, Tindivanam Sub-Division, Tindivanam. ...Respondent/Complainant

2. S.Sarathkumar

3. E.Ramamurthi

4. R.Elumalai

...Respondents 2 to 4/

Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in S.C.No.63 of 2016 on the file of the Principal District Judge's Court, Villupuram and to quash the same.

For Petitioners : Dr.G.Krishnamurthy For Respondents : Mr.S.Karthikeyan Additional Public Prosecutor for R1 : No Appearance for R2 to R4.

ORDER

This Criminal Original Petition has been filed to quash S.C.No.63 of 2016, on the file of the learned Principal District Judge's Court, Villupuram District.

2. 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 dated 13.07.2020 has been filed before this Court which have been signed by the petitioners and the respondents 2 to 4 and also by their respective counsel. All the parties are present and identified by their respective counsel. In order to identify the respective parties, they have also produced the copies of the Aadhaar Cards before this Court. 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 in S.C.No. 63 of 2016 pending, even though, the offences involved are non 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 S.C.No.63 of 2016 on the file of the learned Principal District Judge's Court, Villupuram District.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in S.C.No.63 of 2016 on the file of the learned Principal District Judge's Court, Villupuram District is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this Order. The petitioners shall jointly pay a sum of Rs.10,000/-, as costs, to the Chief Justice Relief Fund, High Court of 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 before the Registry, failing which this order shall stand automatically cancelled without any further reference to this Court. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

To

1. The Inspector of Police, Mailam Police Station, Tindivanam Sub-Division, Tindivanam.

2. The Public Prosecutor, High Court, Madras.

3. The Principal District Judges Court, Villupuram.

4. The Section Officer, Accounts Section, High Court, Madras-04.

Crl.O.P.No.6933 of 2020 pp (o) rr ii (16/09/2020)