Kanagaraj v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.11.2022
CORAM
THE HONOURABLE Ms. JUSTICE R.N.MANJULA CRL.O.P NO.27184 OF 2022 1.Kanagaraj 2.Anand 3.Chiinraj 4.Kala ...
Petitioners Vs.
1. State represented by The Inspector of Police, Vaazhapadi Police Station, Salem District.
(Crime No.54/2018) ...
1st respondent
2. Rajasekar ...
2nd Respondent/ PRAYER: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records and quash the final report filed in CC.No.74/2022 in Crime No.54/2018 dated 10.06.2022 pending on the file of the District Munsif Cum Judicial Magistrate Vazhapadi. For Petitioners : Mr.N.Umapathi For Respondent-1 : Mr. S.Santhosh Government Advocate (crl.side) 1/4
ORDER
This Criminal Original Petition has been filed to call for the records and quash the final report filed in CC.No.74/2022 in Crime No.54/2018 dated 10.06.2022 pending on the file of the District Munsif Cum Judicial Magistrate, Vazhapadi.
2. The defacto complainant is the neighbouring land owner of the petitioners / accused 1 to 4 and they used to maintain a good relationship. There is a dispute between the parties with regard to a pathway. The defacto complainant and the petitioners have stated that they have worked out a compromise between themselves.
3. The defacto complainant and the petitioners are present today and agreed that they have settled the dispute. The petitioners and the defacto complainant were identified by Mr.T.Settu, Special Sub Inspector of Police, Valapady Police Station, Salem. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.
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4. A Joint Memo of Compromise dated 24.11.2022 has also filed. The defacto complainant has stated that she does not want to pursue the matter further.
5. Considering their long standing relationship and their efforts to purchase peace and there is no previous criminal antecedents for the petitioners, I feel it is appropriate to record the compromise. In such circumstances, no useful purpose will be served in keeping the First Information Report 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. is inclined to quash the further proceedings final report pending on the file of the learned District Munsif Cum Judicial Magistrate, Vazhapadi.
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R.N.MANJULA, J.
jrs This Criminal Original Petition stands allowed and as a sequel, the proceedings in CC.No.74 of 2022 in Crime No.54 of 2018 pending on the file of the learned District Munsif Cum Judicial Magistrate, Vazhapadi is quashed.
24.11.2022 Index : Yes/No Speaking Order : Yes / No jrs To:
1. The District Munsif Cum Judicial Magistrate, Vazhapadi.
2. The Public Prosecutor, Madras High Court.
CRL.O.P NO.27184 OF 2022 4/4