Padmanaban v. Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.08.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.No.12241 of 2023

1. Padmanaban

2. Murugesan

3. Gomathi .. Petitioners

Versus

1. The State rep. by The Sub-Inspector of Police, All Woman Police Station, Kottakuppam, Villupuram.

Cr.No.08 of 2022.

2. Eyalmathi .. Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to impugned charge sheet No.16 of 2022, dated 30.08.2022 filed by the first respondent which took cognizance in P.R.C.No.14 of 2022 on the file of the District Munsifcum-Judicial Magistrate Court, Vanur and quash the same. For Petitioners : Mr.E.Anbarasan For Respondents : Mr.A.Damodaran 1/5

Additional Public Prosecutor for R1

ORDER

The Criminal Original Petition has been filed to call for the records pertaining to the proceedings in P.R.C.No.14 of 2022 on the file of the District Munsif-cum-Judicial Magistrate Court, Vanur and quash the same.

2. The case is still at the committal stage. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. The joint memo of compromise entered into between the parties has been filed before this Court. The parties were also present in person before this Court and they were identified by Mr.V.Sundaramurthy, Special SubInspector of Police, Kottakuppam Police Station. It has been stated that the parties have entered into a compromise and amicably settled their issues in P.R.C.No.14 of 2022. 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 case 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), and after exercising due caution as advised by the Hon'ble Supreme Court in The State of Madhya Pradesh v. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10, this Court in exercise of its jurisdiction under Section 482 Cr.P.C., quashes the case in P.R.C.No.14 of 2022, pending on the file of the District Munsif-cumJudicial Magistrate Court at Vanur.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in P.R.C.No.14 of 2022, pending on the file of the District Munsif-cum-Judicial Magistrate, Vanur is quashed and the terms of joint compromise memo shall form part and parcel of this order. Consequently, connected miscellaneous petition is closed.

10.08.2023 Index : yes/no Speaking order/Non-speaking order : yes/no 3/5

grs To

1. The District Munsif-cum-Judicial Magistrate Court, Vanur.

2. The Public Prosecutor, High Court of Madras.

3. The Sub-Inspector of Police, All Woman Police Station, Kottakuppam, Villupuram.

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N.ANAND VENKATESH, J.

grs and Crl.M.P.No.12241 of 2023 10.08.2023 5/5