Madhan Kumar v. State By Its, Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.04.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Madhan Kumar ... Petitioner Vs

1. State by it's Inspector of Police, Sholingur Police Station, Sholingur, Ranipet District.

Crime No.15/2023

2. Sevvandhi ... Respondents Criminal Original Petition is filed under Section 482 of Cr.P.C., and Section 528 of B.N.S.S., to call for the records in CC.No.3 of 2024 pending on the file of the Judicial Magistrate at Sholingur, Ranipet District and quash the same insofar as the Petitioner is concern. For Petitioner : Mr.S.Xavier Felix For Respondents : Mr.R.Vinothraja, Government Advocate (Crl.Side) for R1 1/5

O R D E R

This Criminal Original Petition has been filed to quash the C.C.No.3 of 2024 on the file of the Judicial Magistrate at Sholingur, Ranipet District, thereby taken cognizance for the offences under Sections 294(b), 323, 353 and 506(1) of IPC.

2. Pending the proceedings in C.C.No.3 of 2024, 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 petitioner and the defacto complainant. All the parties are present and identified by their respective counsel and the Police. In order to identify the parties, they have also produced the copies of the Aadhaar Card, which 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.

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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 Cr.P.C.,/Section 528 of BNSS, 2023, quashes the proceeding in C.C.No.3 of 2024 pending trial on the file of the Judicial Magistrate at Sholingur, Ranipet District.

5.

In view of the above, the proceedings in C.C.No.3 of 2024 on the file of the Judicial Magistrate at Sholingur, Ranipet District, is hereby quashed. The terms of the Joint Memo of Compromise shall form part and parcel of this Order. The petitioner has paid a sum of Rs. 5,000/- (Rupees Five Thousand only) as costs to the Chief Justice Relief Fund, Tamil Nadu and filed a receipt along with a memo.

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6. Accordingly, the Criminal Original Petition stands allowed. 03.04.2025 Index:Yes/No kv To

1. The Inspector of Police, Sholingur Police Station, Sholingur, Ranipet District.

2. The Judicial Magistrate at Sholingur, Ranipet District.

3. The Public Prosecutor, High Court, Madras.

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G.K.ILANTHIRAIYAN, J.

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