K.Sarath Kumar v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.07.2019
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.17553 of 2019
1. K.Sarathkumar
2. K.Ajith kumar
3. R.kamesh
4. B.Deepak
5. V.P.Veera @ V.P.Veeramani
6. M.Saravanan
...Petitioners
Vs.
1. State Rep. by The Inspector of Police, B-2, Esplanade Police Station, Chennai -600 104.
Crime No.769 of 2017.
2. Dinesh
...Respondents
PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for records in C.C.No.2487 of 2017 in Crime No.769 of 2017, pending before the Learned VII Metropolitan Magistrate, George Town, Chennai - 600 001 and to quash the proceedings.
For Petitioners : Mr.J.B.Solomon Peter Kamal Doss For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed to call for the records in C.C.No.2487 of 2017 in Crime No.769 of 2017, pending on the file of the Learned VII Metropolitan Magistrate, George Town, Chennai - 600 001, Which was registered against the petitioners for an alleged offences under Sections 341, 323 and 506(i) of IPC.
2. The case is still at 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 has been filed by the defacto complainant and the petitioners before this Court, dated 03.07.2019. In order to identify the respective parties, they have also produced the copy of the Aadhaar Card and is 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.
4. Under such circumstances, no useful purpose will be served in keeping the C.C., 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 C.C.No.2487 of 2017.
5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.2487 of 2017, on the file of the Learned VII Metropolitan Magistrate, George Town, Chennai - 600 001, is quashed and the terms of joint memo of compromise has been filed in the typed set of papers along with this petition shall form part and parcel of this order. Each of the petitioner shall pay a sum of Rs.500/- (Rupees Five Hundred only) as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry), within a period of one week from the date of receipt of copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry.
* Xerox Copies enclosed along with Joint memo of Compromise s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar msrm/ub To
1. The VII Metropolitan Magistrate, George Town, Chennai.
2.Do Thro The Chief Metropolitan Magistrate Egmore, Chennai 8.
3. The Inspector of Police, B-2, Esplanade Police Station, Chennai -600 104.
Crime No.769 of 2017.
4. The Public Prosecutor, High Court, Madras.
Copy to The Section officer Accounts Section, High Court, Madras 104.
+7 CCS to Mr.J.B.Solomon Peter Kamal Doss, Advocate sr 55876. Crl.O.P.No.17553 of 2019 SV(CO) SP(09/07/2019)