S.Muthukumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2018
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.1096 of 2018 S.Muthukumar : Petitioner/Sole Accused Vs.
1. State through The Inspector of Police, Elayangudi Police Station, Sivagangai District.
[Crime No.315 of 2016].
: 1st Respondent/ De jure Complainant
2. C.Prabakaran S/o Chanthirasekar Represented by his father /natural guardian Mr.K.Chanthirasekar : 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records connected with the case in S.C.No.22 of 2017 pending on the file of the Special Court for PCR Cases, Sivagangai and quash the same as illegal. For Petitioner : Mr.R.Karunanithi For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate[Crl. side] For R-2 : Ms.M.Manimegalai for MR.Malaikani
ORDER
The Criminal Original Petition has been filed to quash the case in S.C.No.22 of 2017 on the file of the Special Court, PCR Cases, Sivagangai for the offences under Sections 294(b), 323 IPC r/w Section 3(1)(r) and 3(1)(s) of SC/ST Prevention of Atrocities Act.
2. Now, 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 petitioner and the second respondent and also by their respective counsel. In order to identify the respective parties 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. https://hcservices.ecourts.gov.in/hcservices/
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. quashes the case in S.C.No.22 of 2017 on the file of the Special Court, PCR Cases, Sivagangai
5. This Criminal Original Petition stands allowed and as a sequel, the case in S.C.No.22 of 2017 on the file of the Special Court, PCR Cases, Sivagangai is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. The petitioner shall pay a sum of Rs.250/- each as costs, to the credit of the "Environment Fund" (payable in Account No.6656485009, Member Secretary, Tamil Nadu State Legal Services Committee), 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. sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar(CS-II) Encl.:Xerox copy of Compromise Memo To
1. The Special Court for PCR Cases, Sivagangai
2. The Inspector of Police, Elayangudi Police Station, Sivagangai District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
4. The Member Secretary, Tamilnadu State Legal Services Authority, Madurai Bench of Madras High Court, Madurai.
+1cc to MR.S.Malaikani, Advocate SR.No.80848 Cm MK/RSK/SAR 2/17.09.2018/2P/6C Crl.O.P.[MD].No.1096 of 2018 29.08.2018 https://hcservices.ecourts.gov.in/hcservices/