Rajmohan v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.01.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.OP.No.1551 of 2024 1.Rajmohan 2.Sakthi Arulselvam 3.Anantharasu ... Petitioners/Accused 1 to 3 Vs.

1.The State rep.by The Inspector of Police Vettaikaranyeruppu Police Station Nagapattinam and District.

...Respondent/Complainant

(Crime No.64 of 2023) 2.M.Vinoth ..Respondent/Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to quash the charge sheet filed against the petitioners in C.C.No.362 of 2023, on the file of the District Munsif cum Judicial Magistrate Court, Vedaranyam, Nagapattinam District.

For Petitioners : Ms.Karunamaya For Respondent : Mr.A.Gopinath Government Advocate for R1 K.M.Subrahmaniam 1/4

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.362 of 2023, on the file of the District Munsif cum Judicial Magistrate Court, Vedaranyam, Nagapattinam District.

2. The case is still in the stage of trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. Joint compromise memo dated 28.11.2023, has been filed before this Court which has been signed by the petitioners and the 2nd respondent/de facto complainant and also by their respective counsel. The petitioners and the second respondent were also present in person before this Court and they were identified by M.Panneerselvam, SI of Police, Vettaikaranyeruppu Police Station. In the affidavit, it has been stated that the petitioners and the second respondent have entered into a compromise and amicably settled their issues in C.C.No.362 of 2023, on the file of the District Munsif cum Judicial Magistrate Court, Vedaranyam, Nagapattinam 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), this Court in exercise of its jurisdiction under Section 482 Cr.P.C., to quash the proceedings in C.C.No.362 of 2023, on 2/4

the file of the District Munsif cum Judicial Magistrate Court, Vedaranyam, Nagapattinam District.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.362 of 2023, on the file of the District Munsif cum Judicial Magistrate Court, Vedaranyam, Nagapattinam District, is hereby quashed in entirety and the terms of Joint Compromise Memo shall form part and parcel of this order. Each of the petitioner shall pay a sum of Rs.750-/ (Rupees seven hundred and fifty only) as costs, to the credit of the President, Tamil Nadu Advocate's Clerk Association, Madras High Court, Chennai (Indian Bank, High Court Branch, A/c No.484026006, IFSC Code:IDIB000M157), within a period of two weeks from the date of receipt of copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry. Consequently, connected miscellaneous petition is closed. 6.Post this case for reporting compliance on 16.02.2024. 30.01.2024 Index : Yes/No Internet : Yes/No Speaking/Non-Speaking Order kp Note: Issue order copy on 5.2.2024 N.ANAND VENKATESH, J 3/4

kp To 1.The Inspector of Police Vettaikaranyeruppu Police Station Nagapattinam and District.

2.District Munsif cum Judicial Magistrate Court, Vedaranyam, Nagapattinam District.

3.The Public Prosecutor, High Court, Madras.

Crl.OP.No.1551 of 2024 30.01.2024 4/4