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Madras High CourtCRL OP/27576/2022allowed

G.V.Murugan v. Inspector Of Police

2023-08-01Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

1. G.V.Murugan

2. Kalesh

3. A.Vedhagiri

4. N.Krishnan

5. P.Kuppan

6. K.Gunalan

7. K.Sundarkumar .. Petitioners

Versus

1. The State rep by, Inspector of Police, J-12 Kanathur Police Station, Chennai - 112.

(Crime No.07 of 2019)

2. Seetharaman .. Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the C.C.No.467 of 2019 on the file of the Judicial Magistrate Court, Alandur. For Petitioners : Mr.C.Saravanabhavan For Respondents : Mr.A.Gopinath Government Advocate (Crl. Side) 1/5

for R1

ORDER

The Criminal Original Petition has been filed to call for the records pertaining to the proceedings in C.C.No.467 of 2019 on the file of Judicial Magistrate Court at Alandur 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. The joint memos of compromise entered into between the parties have been filed before this Court. The parties were also present in person before this Court and they were identified by Mr.R.Justin, Head Constable, T20 Kanathur Police Station. It has been stated that the parties have entered into a compromise and amicably settled their issues in C.C.No.467 of 2019. 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 2/5

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 Supreme 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.467 of 2019, pending on the file of the Judicial Magistrate Court at Alandur.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.467 of 2019, pending on the file of the Judicial Magistrate Court, Alandur is quashed and the terms of affidavit shall form part and parcel of this order. The petitioners shall pay a sum of Rs.500/- (Rupees Five hundred only) each as costs, to the credit of the President, Tamil Nadu Advocates Clerk Association, Madras High Court, Chennai (Indian Bank, High Court Branch, A/c No.484026006, IFSC Code:IDIB000M157), within a period of one week from today and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

01.08.2023 3/5

Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The Judicial Magistrate Court, Alandur.

2. The Inspector of Police, J-12 Kanathur Police Station, Chennai - 112.

3. The Public Prosecutor, High Court of Madras.

4/5

N.ANAND VENKATESH, J.

grs 01.08.2023 5/5