Aravindakumar v. State By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.NO.14327 OF 2022

1. Aravindakumar

2. Karthick

3. Indhu Kumar

...Petitioners/

Accused 1 to 3 Vs

1. State by the Inspector of Police K2-Ayyanavaram Police Station Chennia - 600 023.

(Crime No.1161 of 2020) ... 1st Respondent/Complainant

2. Jayakumar ... 2nd Respondent/ Defacto Complainant PRAYER:

Criminal Original Petition filed under Section 482 of Criminal Procedure Code, seeking to quash the proceedings in C.C.No.3836 of 2021 for the alleged offence under Sections 294 (b), 323, 324, 506(ii) IPC @ 294(b), 323, 326, 506(ii) read with Section 34 of IPC which is pending before the V Metropolitan Magistrate Court, Egmore, Chennai on the ground of compromise. For Petitioners : Mr.M.Duraimurugan For Respondent-1 : Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking to quash the proceedings in C.C.No.3836 of 2021 for the alleged offence under Sections 294(b), 323, 324, 506(ii) IPC @ 294(b), 323, 326, 506(ii) read with Section 34 of IPC, pending on the

file of the V Metropolitan Magistrate Court, Egmore, Chennai, on the ground of compromise.

2. Both the defacto complainant and the petitioners were present before this Court and they were identified by their respective counsel and also by Mr.Selvakumar, Sub Inspector of Police of the respondent police station. The parties submitted that they have resolved the dispute amicably between themselves. The defacto complainant submitted that he is not interested to proceed further and that the parties have filed a Joint Compromise Memo dated 15.06.2022 to that effect.

3. Heard the learned Additional Public Prosecutor appearing for the respondent police.

4. Now the case is under investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

5.A Joint Memo of Compromise has also been filed before this Court. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. Further, the entire allegation involved in this case is purely a petty quarrel and assault by hand and no other deadly weapon is used. Hence, continuing the prosecution will serve no purpose or make any impact on the Society. 6.Under such circumstances, no useful purpose will be served in keeping the proceedings in C.C.No.3836 of 2021 pending, even though, the offence involved is 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 against the petitioners in C.C.No.3836 of 2021 on the file of the V Metropolitan Magistrate, Egmore, Chennai.

7. Accordingly, this Criminal Original Petition is allowed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar nr/ksa-2

To

1. The V Metropolitan Magistrate, Egmore, Chennai

2. The Inspector of Police K2-Ayyanavaram Police Station Chennia - 600 023.

3. The Public Prosecutor High Court, Madras.

+1cc to Mr.M.Duraimurugan, Advocate, S.R.No.38590 CRL.O.P.NO.14327 OF 2022 GPL(CO) PM/07/07/2022