Thangamani v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.7981 of 2024 and Crl.M.P.No.5795 of 2024 1.Thangamani 2.Vishwa 3.Venkatesan 4.Muthukumaran .....

Petitioners Vs 1.The State represented by The Inspector of Police, Kandili Police Station, Tirupattur District.

Crime No.336 of 2021.

2. Chinnakutti.

.....

Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Code of Criminal Procedure, to call for the records and quash the charge sheet in PRC No.26 of 2023 pending on the file of the Judicial Magistrate No.II, Tirupattur District and accept the compromise. For Petitioners : Mr.Arun For R1 : Mr.K.M.D.Muhilan Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to quash the PRC No.26 of 2023 on the file of the Judicial Magistrate No.II, Tirupattur, thereby taken cognizance for the offences under Sections 294(b), 323, 307, 114 and 34 of IPC.

2.

Pending this petition, 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 has been signed by the petitioners and the second respondent. All the parties are present and identified by the Police. In order to identify the respective parties, they 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 proceeding 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 of Code of Criminal Procedure, quashes the proceeding in PRC No.26 of 2023 pending trial on the file of the Judicial Magistrate No.II, Tirupattur.

5.

In view of the above, the proceedings in PRC No.26 of 2023 pending trial on the file of the Judicial Magistrate No.II, Tirupattur, is hereby quashed as against the petitioners. The terms of Joint Memo of Compromise shall form part and parcel of this Order. The petitioners shall pay a sum of Rs.2,000/-, (Rupees Two Thousand only) each as costs, to the Chief Justice Relief Fund, Tamil Nadu, forthwith and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

6.

Accordingly, the Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed. 26.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp

G.K.ILANTHIRAIYAN, J.

Lpp To 1.The Judicial Magistrate No.II, Thirupattur.

2.The Inspector of Police, Kandili Police Station, Tirupattur District.

3. The Public Prosecutor, Madras High Court, Chennai.

Crl.O.P.No.7981 of 2024 26.02.2025