J.Karthik v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.06.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.OP.Nos.15756 and 15757 of 2019 Crl.OP.No.15756 of 2019:

1. S.Karthick

2. J.Periyasamy

3. Thennarasi

4. C.Marimuthu

5. M.Malarkodi

...Petitioners

Vs.

1. State Rep by The Inspector of Police, Ramanatham Police Station, Tittagudi Taluk, Cuddalore District.

(Crime No.131 of 2016) 2.D.Muthuselvam ... Respondents Crl.OP.No.15757 of 2019:

1. J.Periyasamy

2. K.Ponnusamy

3. Thennarasi 4.P.Thangaponnu ... Petitioners Vs.

1. State Rep by The Inspector of Police, Ramanatham Police Station, Tittagudi Taluk, Cuddalore District.

(Crime No.194 of 2016) 2.K.Raja

...Respondents

PRAYER in Crl.OP.No.15756 of 2019 : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to call for the records relating to the FIR in Crime No.131 of 2016 on the file of the first respondent police, quash the same by allowing this Criminal Original Petition.

PRAYER in Crl.OP.No.15757 of 2019 : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to call for the records relating to the FIR in Crime No.194 of 2016 on the file of the first respondent police, quash the same by allowing this Criminal Original Petition.

For Petitioners : Mr.A.Saravanan (in both Crl.OPs) For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor (in both Crl.OPs) COMMON ORDER These Criminal Original Petitions have been filed seeking to quash the proceedings in Cr.Nos.131 of 2016 and 194 of 2016 pending on the file of the first respondent police respectively.

2. The cases are still in the stage of trial. 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 and affidavits of the petitioners and second respondents dated 24.06.2019 have been filed before this Court which have been signed by the petitioners and the second respondents 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 cases 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. quashes the Cases in Cr.Nos.131 of 2016 and 194 of 2016 pending on the file of the first respondent police respectively.

5.These Criminal Original Petitions stand allowed and as a sequel, the proceedings in Cr.Nos.131 of 2016 and 194 of 2016 pending on the file of the first respondent police, are hereby quashed and the terms of Memo of Compromise shall form part and parcel of these orders.

* Xerox Copies enclosed along with Memo of Compromise s/d- Assistant Registrar True Copy Sub-Assistant Registrar vv/gv To

1. The Inspector of Police, Ramanatham Police Station, Tittagudi Taluk, Cuddalore District.

2. The Public Prosecutor, High Court, Madras.

+3 CCS to Mr.A.Saravanan, Advocate sr 52576 & 52577. CRL.OP.No.15756 and 15757 of 2019 MP(CO) SP(04/07/2019)