M. Rajendran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.01.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA 1.M.Rajendran 2.Gandhimathi .. Petitioners/Accused 1&2 Vs.

1.The Inspector of Police, All Women Police Station, Samayanallur, Madurai District.

(Crime No.2 of 2012) ...First Respondent/Complainant 2.Bakiyalakshmi ...2nd Respondent/Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the Charge Sheet in C.C.No.758 of 2017 on the file of the learned Judicial Magistrate, Vadipatti, Madurai and quash the same.

For Petitioners : Mr.K.S.Duraipandian For R1 : Mrs.S.Bharathi Government Advocate (Crl. Side) For R2 : Mr.D.Sreedhar

O R D E R

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.758 of 2017 on the file of the learned Judicial Magistrate, Vadipatti, Madurai, for the offences punishable under Sections 494, 420, 294(b) and 506(ii) of IPC and 4 of TNPWH Act, in Crime No.2 of 2012.

2.The case is under 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 this Court, which have been signed by the petitioners and the second respondent and also by their respective counsel. The petitioners and the second respondent were also present in person before this 1/3

Court and they were identified by Mr.A.Raliya Begam, HC. 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 proceedings in C.C.No.758 of 2017 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.758 of 2017.

5.It is represented by the learned counsel for the petitioners that the petitioners paid a sum of Rs.5000/-(Rupees Five thousand only) as costs to the Credit of Madras High Court Madurai Bench Advocates Clerk's Welfare Association and filed the original cash receipt along with this memo on 30.01.2020. The said submission is placed on record.

6.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.758 of 2017 on the file of the learned Judicial Magistrate, Vadipatti, Madurai is quashed and the terms of joint compromise memo shall form part and parcel of this order.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) ENCL:Xerox copy of joint compromise memo vsg To 1.The Judicial Magistrate, Vadipatti, Madurai.

2.The Inspector of Police, All Women Police Station, Samayanallur, Madurai District.

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3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.D.SREEDHAR, Advocate ( SR-3987[F] dated 30/01/2020 ) +1 CC to Mr.K.S.DURAIPANDIAN, Advocate ( SR-3988[F] dated 30/01/2020 ) 30.01.2020 KM/(12.02.2020) 3P 6C 3/3