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Madras High CourtCRL OP/14264/2019allowed

L.Murugasen v. The Sub Inspector Of Police

2019-06-07Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.06.2019

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.14264 of 2019 L.Murugasen .. Petitioner Vs.

1.The State Rep. by its Sub-Inspector of Police, E-1, Mamalapuram Police Station, Kancheepuram District.

2.S.Ellangovan .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C. to call for the records charge sheet in C.C.No.85 of 2017 on the file of District Munsiff-cum-Judicial Magistrate, Thirukalukundram. Quash the entire proceedings. For Petitioner :Mr.R.Muniyapparaj For Respondents :Mr.C.Raghavan (for R1) Government Advocate

O R D E R

This Criminal Original Petition has been filed to call for the records charge sheet in C.C.No.85 of 2017 on the file of District Munsiff-cum-Judicial Magistrate, Thirukalukundram. Quash the entire proceedings.

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 has been signed by the petitioner and the second respondent and also by their respective counsel. 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 First Information Report pending. Even https://hcservices.ecourts.gov.in/hcservices/

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 First Information Report in Crime No.238 of 2016.

5. This Criminal Original Petition stands allowed accordingly.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar vs/vv To 1.The District Munsiff-cum-Judicial Magistrate, Thirukalukundram.

2.The Public Prosecutor, Madras High Court.

+1 cc to Mr.R.Muniyapparaj, Advocate, Sr.No. 45853 Crl.O.P.No.14264 of 2019 KS(CO) CSL/25.06.2019 https://hcservices.ecourts.gov.in/hcservices/