Sivamurugan v. State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.04.2022 CORAM :
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.Nos.8929 & 8934 of 2022 1.Sivamurugan 2.Anandprasath
...Petitioners / Accused in Crl.O.P.No.8929 of 2022
1. Sunil
2. Mohan
3. Balasubramanian
...Petitioners in Crl.O.P.No.8934 of 2022
Vs.
1. State represented by The Inspector of Police, R-8, Vadapalani Police Station, Chennai.
2. Sunil
...Respondents / Complainant /
Defacto Complainant in Crl.O.P.No.8929 of 2022
1. State represented by The Inspector of Police, R-8, Vadapalani Police Station, Chennai.
2. Sivamurugan
3. Anand Prasath
...Respondents in Crl.O.P.No.8934 of 2022
PRAYER in Crl.O.P.No.8929 of 2022: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to call for the records relating to C.C.No.4946 of 2017 on the file of XVII Metropolitan Magistrate Court at Saidapet, Chennai and quash the same.
PRAYER in Crl.O.P.No.8934 of 2022: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to call for the records pertaining to the proceedings in C.C.No.4945 of 2017 pending before the file of XVII Metropolitan Magistrate Court at Saidapet, Chennai and quash the against the petitioners herein.
In Crl.O.P.No.8929 of 2022, For Petitioner : Mr.S.Marshall For R1 : Mr.A.Gokulakrishnan Additional Public Prosecutor.
For R2 : Mr.J.Jayavenkataraman In Crl.O.P.No.8934 of 2022, For Petitioners : Mr.J.Jayavenkataraman For R1 : Mr.A.Gokulakrishnan Additional Public Prosecutor.
For R2 & R3 : Mr.S.Marshall COMMON ORDER These Criminal Original Petitions have been filed seeking to call for the records relating to the proceedings in C.C.Nos.4945 & 4946 of 2017 on the file of the learned XVII Metropolitan Magistrate Court at Saidapet, Chennai and quash the same.
2. Both the cases are case and a case in counter and the cases are under trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.
3. Joint Memos of Compromise dated 05.04.2022 have been filed before this Court, which have been signed by both the petitioners and the defacto complainants and also by their respective counsel. The petitioners and the defacto complainants are present before this Court and they were identified by their respective counsel. This Court has also enquired both the parties and 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 C.C.Nos.4945 & 4946 of 2017 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 Gujarat), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quash the proceedings in C.C.Nos.4945 & 4946 of 2017.
5. Accordingly, these Criminal Original Petitions stand allowed and as a sequel, the proceedings in C.C.Nos.4945 & 4946 of 2017 on the file of the learned XVII Metropolitan Magistrate Court at Saidapet, Chennai, is quashed and the joint compromise memos, shall form part and parcel of this order. (*)Herein enclosed the xerox copy of the Affidavit & Joint compromise Memo.
Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar ham To
1. The XVII Metropolitan Magistrate Court, Saidapet, Chennai.
2. -do through- The Chief Metropolitan Magistrate, Egmore, Chennai.
3. The Inspector of Police, R-8, Vadapalani Police Station, Chennai.
4. The Public Prosecutor, High Court of Madras.
+1cc to Mr.S.Marshall, Advocate, S.R.No.28108 Crl.O.P.Nos.8929 & 8934 of 2022 EV[co] NSK 11/05/2022