B.Aravinthan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.07.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.OP No.19552 of 2019

1. B.Aravinthan

2. S.Anand

3. M.Ananth

4. P.Navin Kumar

5. S.Esakki Pandi

6. V.Mathanraj

7. P.Kottaichamy

...Petitioners

Vs.

1. State by the The Inspector of Police, Vadavalli Police Station, Vadavalli, Coimbatore District.

2. U.Gokulakrishnan

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the charge sheet in P.R.C No.22 of 2018 pending on the file of the Judicial Magistrate Court No.VI, Coimbatore under the FIR in Crime No.1201 of 2011 registered by the 1st respondent against the petitioners and quash the same.

For Petitioners : Mr.R.Radha Pandian For 1st Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

The Criminal Original Petition has been filed seeking to quash the charge sheet in P.R.C No.22 of 2018 pending on the file of the Judicial Magistrate Court No.VI, Coimbatore under the FIR in Crme No.1201 of 2011 registered by the 1st respondent against the petitioners.

2. The case is 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. https://hcservices.ecourts.gov.in/hcservices/

3. A joint compromise memo and affidavit dated 19.07.2019, have been filed before this Court which have been signed by the petitioners and the second respondent and also by their respective counsel. The petitioners and the second respondent were also present in person before this Court. In order to identify the respective parties, they have also produced the copy of the Aadhaar Card 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 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), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the Case in P.R.C No.22 of 2018 pending on the file of the Judicial Magistrate No.VI, Coimbatore.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in the Case in P.R.C No.22 of 2018 pending on the file of the Judicial Magistrate No.VI, Coimbatore is hereby quashed and the terms of affidavit shall form part and parcel of this order.

Sd/- Assistant Registrar //True Copy// uma Sub Assistant Registrar To

1. The Judicial Magistrate No.VI, Coimbatore.

2. - do - through The Chief Judicial Magistrate, Coimbatore.

3. The Inspector of Police, Vadavalli Police Station, Vadavalli, Coimbatore District.

4. The Public Prosecutor, High Court, Madras.

+2 ccs to Mr.R.Radha pandiyan, Advocate, S.R.No.63164 CRL.OP.No.19552 of 2019 PA(CO) SSM(27/08/2019) https://hcservices.ecourts.gov.in/hcservices/