Velusamy v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.10.2023
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.Nos. 13520 and 13521 of 2021 Velusamy
...Petitioner
Vs.
1.State by Inspector of Police, B-3, Karungalpalayam, Erode.
(Crime No. 462/2020) 2.Ragavi Jayalakshmi
...Respondents
PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records relating to P.R.C.No. 1/2021 on the file of the Judicial Magistrate-I, Erode and quash the same. For Petitioner : Mr. Labrar Mohamed Abdullah For Respondents For R1 : Mr.A.Gopinath Government Advocate (Crl.Side) For R2 : No appearance
ORDER
This Criminal Original Petition has been filed to quash the proceedings in P.R.C.No. 1/2021 on the file of the Judicial Magistrate-I, Erode.
2. The petitioner is arrayed as accused in the above said case and the trial is pending. By passage of time, the parties have decided to bury the hatchet and to compromise the dispute amicably among themselves. 3.
A Joint Memo of Compromise dated 16.10.2023 has been filed before this Court which have been signed by the petitioner and the second respondent and also by their respective counsel.
4. Under such circumstances, no useful purpose will be served in keeping the proceedings 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 in the case of Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath, this Court in
exercise of its jurisdiction under Section 482 Cr.P.C. I s inclined to quash the proceeding in P.R.C.No.1 of 2021 pending on the file of the Judicial Magistrate - I, Erode.
5. This Criminal Original Petition stands allowed and as a sequel, P.R.C.No.1 of 2021 pending on the file of the Judicial Magistrate-I, Erode is quashed and the terms of Joint Memo of Compromise dated 16.10.2023 filed by the defacto complainant shall form part and parcel of this Order.
16.10.2023 veda/nsl Internet: Yes/No Index : Yes/No Speaking/Non speaking order
G.K.ILANTHIRAIYAN. J, veda/nsl To 1.The Judicial Magistrate-I, Erode.
2.The Public Prosecutor, High Court, Madras.
and Crl.M.P.Nos. 13520 and 13521 of 2021 16.10.2023