Boopathy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.(MD).No.13783 of 2014 and Crl.M.P.(MD).Nos.1 and 2 of 2014 Boopathy

...Petitioner

Vs.

1.State represented by The Inspector of Police, Thilagar Thidal Police Station, Madurai.

...Respondent / complainant

(In Crime No.1194 of 2012) 2.Syed Munaaf

...Respondent / De facto

complainant (Cause Title amended as per the order of this Court dated 25.08.2014 and made inn M.P.(MD).No.3 of 2014 in Crl.O.P.(MD).No.13783 of 2014) PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records pertaining the calender case No.736 of 2012 pending on the file of the learned Judicial Magistrate No.II, Madurai and quash the same. For Petitioners :Mr.C.M.Arumugam For R1 :Mr.K.Suyambulingabharathi Government Advocate (Crl.Side).

For R2 : Mr.Jainul Abudheen for M/s.K.Manoharan

O R D E R

This Criminal Original Petition has been filed to quash Calender Case No.736 of 2012, pending on the file of the learned Judicial Magistrate No.II, Madurai, for an alleged offences under Sections 294(b), 323 and 506(i) I.P.C. on the file of the learned Judicial Magistrate No.2, Madurai.

2. 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 petitioner and the second respondent and also by their respective counsel. The petitioner and the second respondent were also present in person before this Court and they were identified by Mr.P.Pandi, SSI of Police. This Court https://hcservices.ecourts.gov.in/hcservices/

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.736 of 2012 is 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 Calender Case No.736 of 2012, pending on the file of the learned Judicial Magistrate No.II, Madurai

5. This Criminal Original Petition stands allowed accordingly. Consequently, the connected miscellaneous petitions are closed.

Sd/ Assistant Registrar(CO) /True copy/ Sub Assistant Registrar(CS-I) Encl:Xerox Copy of Joint Compromise Memo and Affidavit. To 1.The Judicial Magistrate No.II, Madurai.

2.The Inspector of Police, Thilagar Thidal Police Station, Madurai.

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

+1cc to Mr.C.M.Arumugam, Advocate, SR.No.77784 Crl.O.P.(MD).No.13783 of 2014 07.08.2018 tsg KK/SKN/SAR-1/03.09.2018/2P-5C https://hcservices.ecourts.gov.in/hcservices/