A.Malarmannan Madasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.778 of 2022 and Crl.M.P(MD) Nos.562 and 563 of 2022

1. A.MalarMannan Madasamy

2. M.Samprakash

3. M.Abishek Samuel

...Petitioners/Accused Nos.1 to 3

Vs.

1. State Rep. by The Inspector of Police Panavadalichatram Police Station Tirunelveli - 627953 (Cr.No.210 of 2018) ... 1st Respondent / Complainant

2. V.Vasanthi ... 2nd Respondents / Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records relating to Charge sheet filed in C.C.No. 119 of 2020 on the file of Learned Judicial Magistrate Court at Sankarankovil and quash the same.

For Petitioners : M/s.T.Sundaravadanam For Respondents : Mr.R.M.Anbunithi No.1 Additional Public Prosecutor For Respondent No.2: T.Antony ArulRaj.

ORDER

The Criminal Original Petition has been filed to quash the proceedings in C.C.No. 119 of 2020 on the file of Learned Judicial Magistrate, Sankarankovil.

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 has been signed by the petitioners and the second respondent and also by their respective counsel. The parties were present 1/3

before this Court and they were identified by their respective counsels.

4. Under such circumstances, no useful purpose will be served in keeping the C.C.No. 119 of 2020 on the file of learned Judicial Magistrate, Sankarankovi, 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 charge sheet in C.C.No. 119 of 2020.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No. 119 of 2020 on the file of Learned Judicial Magistrate, Sankarankovi, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. The petitioners shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) as costs, to the District Siddha Medical Officer, CCRI, Periyakulam in State Bank of India, Periyakulam Branch bearing Account No.10767823177, IFSC No.SBIN000898, MICR Code No.625002601, on or before on or before 09.03.2022 and produce the receipt before the concerned court, failing which the order shall stand dismissed automatically without any further reference to this Court. Consequently connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar(CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) aav Encl.: xerox copy of joint compromise memo.

To

1. The Judicial Magistrate, Sankarankovil

2. The Inspector of Police Panavadalichatram Police Station Tirunelveli - 627953

3. The District Siddha Medical Officer, CCRI, Periyakulam.

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4. The Additional Public Prosecutor Madurai Bench of Madras High Court Crl.O.P.(MD) No.778 of 2022 28.02.2022 ark(CO) TR(01.03.2022) 3P 5C 3/3