B.Ravi @ Kannan v. State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.12.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.27342 of 2018 and Crl.M.P.No.15774 of 2018 1.B.Ravi @ Kannan 2.Balasubramani 3.S.Murugan : Petitioners Vs.

1.State of Tamil Nadu, Rep by Sub -Inspector of Police, V-3, J.J.Nagar Police Station, Chennai.

2.Soundarajan : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records of C.C.No.226 of 2016 on the file of the Judicial Magistrate Court, Ambathur and to quash the same.

For Petitioners : Mr.P.Sesubalan Raja For 1st Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.226 of 2016, pending on the file of the Judicial Magistrate Court, Ambathur.

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. A Joint Memo of Compromise has been filed before the Court below on 04.06.2018 which had been signed by the complainant-Srinivasan and second respondent-Soundarajan and other accused persons and their counsel. The parties were also present before the Court and they have also produced the copies of the Aadhaar Card which are made part of the record. 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 Calender 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. quashes the proceedings in C.C.No.226 of 2016, pending on the file of the Judicial Magistrate Court, Ambathur.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.226 of 2016, on the file of the Judicial Magistrate Court, Ambathur is quashed and the terms of Joint Memo of Compromise filed before the Court below, enclosed in typed set of papers filed along with this petition shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.1,000/- as costs, to the credit of the Chief Justice Relief Fund, High Court, Madras, within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry. Consequently, the connected Crl.M.P.No.15774 of 2018 is closed. Encl: Xerox Copy of Joint Compromise Memo dated 04.06.2018 Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vsg1/ia To 1.The learned Judicial Magistrate, Ambathur.

2.Do through The Chief Judicial Magistrate, Tiruvotiyur.

3.The Sub -Inspector of Police, V-3, J.J.Nagar Police Station, Chennai.

4.The Public Prosecutor, High Court, Madras.

5.The Sub Assistant Registrar, Accounts Section, High Court, Madras.

6.The Section Officer, Criminal Section, High Court, Madras.

+2 cc to Mr.P.Sesubalan Raja, Advocate Sr.No.88493 Crl.O.P.No.27342 of 2018 MG(CO) CSL/05.02.2019