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Madras High CourtCRL OP(MD)/2517/2022allowed

Alagarsamy v. The Inspector Of Police

2022-02-11Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.2517 of 2022 Alagarsamy ...

Petitioner Vs.

1.State rep. by The Inspector of Police, District Crime Branch Madurai

2. G. Nagarajan ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records pertaining to the case in CC No.201 of 2013 on the file of the learned Judicial Magistrate No.I, Madurai in connection with the case in Crime No. 17 of 2012 on the file respondent police and quash the same against the Petitioner concerned.

For Petitioner : Mr.J. Jeyakumaran For R-1 : Mr.B.Thanga Aravind Government Advocate(Crl.Side) For R-2 : Mr.L. Prabakaran

ORDER

The Criminal Original Petition has been filed to quash the proceedings in CC No.201 of 2013 on the file of the learned Judicial Magistrate No.I, Madurai for an alleged offences under Sections 120 (b), 419,468,471 and 420 of IPC.

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 petitioner and the second respondent and also by their respective counsel.

4. Under such circumstances, no useful purpose will be served in keeping the CC No.201 of 2013 on the file of the learned Judicial Magistrate No.I, Madurai, 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 https://hcservices.ecourts.gov.in/hcservices/

jurisdiction under Section 482 Cr.P.C. quashes the charge sheet in C.C. No.201 of 2013.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in CC No.201 of 2013 on the file of the learned Judicial Magistrate No.I, Madurai, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. The petitioner shall pay a sum of Rs.5000/- (Rupees Five Thousand only) as costs, to the High Court Legal Services Authority, Madurai Bench of Madras High Court, Madurai, on or before 16.02.2022.

Sd/- Assistant Registrar (CS II) // True Copy // 14/02/2022 Sub Assistant Registrar(CS IV) (*)ENCL: THE COPY OF COMPROMISE MEMO aav To

1. The Judicial Magistrate No.I, Madurai

2. The Inspector of Police, District Crime Branch Madurai 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

COPY TO:

THE OFFICER IN CHARGE, LEGAL SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGHCOURT, MADURAI.

1CC TO MR. J.JEYAKUMARAN, ADVOCATE SR:6026 MGJ 14/02/2022 2P/6C Crl.O.P.(MD).No.2517 of 2022 11.02.2022 https://hcservices.ecourts.gov.in/hcservices/