Manikandan v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.09.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.

20686 of 202 and Crl.M.P.Nos.14126 & 14128 of 2023 Manikandan ... Petitioner/Accused vs.

1.The Inspector of Police, Kachirayapalayam Police Station, 2.Jayaraman ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for records in C.C.No.77 of 2023 on the file of the learned Judicial Magistrate-I, Kallakurichi District and quash the same insofar as the petitioner is concerned.

For Petitioner : Mr.V.Gunasekar For Respondent-1 : Mr.A.Damodaran Additional Public Prosecutor For Respondent-2 : Mr.J.Pradeep 1/4

ORDER

The Criminal Original Petition has been filed to call for the records pertaining to the proceedings in C.C.No.77 of 2023 on the file of the learned Judicial Magistrate-I, Kallakurichi District and quash the same.

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 dated 17.04.2023 signed by both petitioner and second respondent/de facto complainant and their respective counsel has been filed before this Court. A compromise affidavit has also been filed by the second respondent/de-facto complainant before this Court. The petitioner and second respondent were also present before this Court through Video Conference and they were identified by Mr.M.Raman, S.I. of Police, Kachirapalayam Police Station (Mob: 9498152976). In the affidavit it 2/4

has been stated that the petitioner and the second respondent have entered into a compromise and amicably settled their issues in C.C.No.77 of 2023 on the file of the learned Judicial Magistrate-I, Kallakurichi District.

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 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 C.C.No.77 of 2023 on the file of the learned Judicial Magistrate-I, 3/4

N. ANAND VENKATESH, J.

rsi

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.77 of 2023 on the file of the learned Judicial Magistrate-I, Kallakurichi District, is quashed and the terms of affidavit shall form part and parcel of this order. Consequently, connected miscellaneous petitions are closed.

08.09.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order rsi To 1.The Inspector of Police, Kachirayapalayam Police Station, 2.The Public Prosecutor, High Court of Madras.

Crl.O.P No.

20686 of 202 and Crl.M.P.Nos.14126 & 14128 of 2023 4/4