P.Mohandoss v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.11.2021

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.20499 OF 2021

1. P.Mohandoss

2. M.Jeeva

3. V.Issac

4. T.Anbu

...Petitioners/

Accused

Versus

1. The State Rep. by The Inspector of Police, T-16, Nazarathpet Police Station, Ambattur, Chennai.

... 1st Respondent/ Complainant

2. R.Mr.Manikandan ... 2nd Respondent/ Defacto Complainant Prayer:

This Criminal Original Petition is filed under Section 482 of Criminal Procedure Code praying to call for the records in Final Report in P.R.C.No.8 of 2021 by the 1st Respondent Police and quash all further proceedings pending on the file of the learned Judicial Magistrate No.1 at Poonamallee on the basis of Joint Memo of Compromise dated 21.10.2021 entered into between the petitioners and the De-facto complainant. For Petitioners :

Mr.G.Paul Einstein For Respondents :

Mr.R.Vinothraja (R1) Government Advocate Mr.V.T.Narendiran (R2)

O R D E R

The Criminal Original Petition has been filed to call for the records in Final Report in P.R.C.No.8 of 2021 by the Respondent Police and quash all further proceedings pending on the file of the learned Judicial Magistrate No.1 at Poonamallee

on the basis of Joint Memo of Compromise dated 21.10.2021 entered into between the petitioners and the De-facto complainant.

2. The case of the prosecution is that the Second Respondent being a driver of the Lorry bearing Reg. No.AP 16 TD 1244 on his way to Irungattukottai, had met with an accident with the Vehicle of the first petitioner namely Innova Crtsta bearing Reg. No.TN 05 BW 5288 in which the petitioners Nos. 2 to 4 were also travelling along with. Thereafter, when the second respondent asked for money due to the damage caused by the Petitioners, as instructed by his Owner, these petitioners had got agitated and had forcefully taken the Lorry and the Second Respondent to their place and had demanded a sum of Rs.30,000/-, from the Second Respondent and thereafter the second respondent escaped from the place and lodged the complaint against the petitioners.

3. 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. 4.An Affidavit deed dated 21.10.2021 has been filed by the de-facto complainant. The petitioners and the second respondent are present before this Court. In the Affidavit, it is stated that the Second Respondent had given his consent for compromise, by entering into Joint Memo of Compromise dated 21.10.2021 with the petitioners and filing this Affidavit in support of the same. A Joint Memo of Compromise entered into between the parties and signed by them is also enclosed. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

5. 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 Suprme 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.8 of 2021, pending on the file of the learned Judicial Magistrate, No.1, Poonamallee.

6. This Criminal Original Petition stands allowed and as a sequel, the proceedings in P.R.C.No.8 of 2021, pending on the file of the learned Judicial Magistrate No.1, Poonamallee, is quashed and the terms of joint compromise memo shall form part and parcel of this order.

* Xerox copy of Joint Memo of Compromise is enclosed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar arr To

1. The Judicial Magistrate I, Poonamallee.

2. The Inspector of Police, T-16, Nazarathpet Police Station, Ambattur, Chennai.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.20499 of 2021 PMK(CO) PM/09/12/2021