A.Rajasekar v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.09.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.12310 of 2020 and Crl.M.P.No.4881 of 2020 1.A.Rajasekar 2.Mrs.Thamizh Vani 3.Mrs.Sindhu

...Petitioners/Accused 1 to 3

Vs.

1.The State represented by, The Inspector of Police, Thiruvalam, Katpadi, Vellore District. .. Respondent/Complainant 2.R.Mohandoss ...Respondents/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records and quash the P.R.C.No.8 of 2018 on the file of the Judicial Magistrate, Katpadi. For Petitioners: Mr.V.Nithyanantham For Respondents For R1 : Mr.S.Karthikeyan Additional Public Prosecutor For R2 : Mr.N.S.Nageshwaran

ORDER

This Criminal Original Petition has been filed to quash the proceedings in P.R.C.No.8 of 2018 on the file of the learned Judicial Magistrate, Katpadi for the alleged offences under Section 306, 341, 498(A) of IPC in Crime No.252 of 2018. 2.

The case is still in the stage of investigation. 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 petitioners and the second respondent 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 https://hcservices.ecourts.gov.in/hcservices/

have also produced the copies of the Aadhaar Card 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.

4. Under such circumstances, no useful purpose will be served in keeping the proceedings in P.R.C.No.8 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 P.R.C.No.8 of 2018 in Crime No.252 of 2018.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.252 of 2018, on the file of the the learned Judicial Magistrate, Katpadi 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, 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. Consequently, connected miscellaneous petition is closed.

*Herein enclosed the Xerox Copy of Joint Compromise Memo Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ssn To

1. The Judicial Magistrate, Katpadi.

2.The Inspector of Police, Thiruvalam, Katpadi,Vellore District.

3.The Public Prosecutor, High Court,Madras.

Copy to:

The Section Officer, Accounts Section, High Court,Madras +1cc to Mr.V.Nithyanantham , Advocate SR.No. 29166 Crl.O.P.No.12310 of 2020 and Crl.M.P.No.4881 of 2020 A.SK(23/09/2020) https://hcservices.ecourts.gov.in/hcservices/