M. Devaraj Natchiyappan 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.14502 of 2014 and M.P.(MD).Nos.1 & 2 of 2014 M.Devaraj Natchiyappan

...Petitioner / Accused No.3

Vs.

1.The State represented by The Inspector of Police, Central Crime Branch, Madurai City.

(Crime No.88 of 2012)

...Respondent No.1 / Complainant

2.Mr.S.Sundar

...Respondent No.2 /De-facto

Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records pertaining to the charge sheet in C.C.No.22 of 2013, on the file of the learned Judicial Magistrate Court No.I, Madurai and quash the same as illegal with regard to the petitioner.

For Petitioner : M/s.Ajmal Associates For R1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side).

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

ORDER

This Criminal Original Petition has been filed to quash C.C.No.22 of 2013, on the file of the Judicial Magistrate Court No.I, Madurai, for an alleged offences under Sections 120(b), 420, 452, 465, 468, 471 and 506 (i) I.P.C.

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 https://hcservices.ecourts.gov.in/hcservices/

the second respondent were also present in person before this Court and they were identified by Mr.Periyadikkan, SSI of Police. 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.22 of 2013 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 C.C.No.22 of 2013, on the file of the Judicial Magistrate Court No.I, Madurai.

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

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar(CS-III) Encl: Xerox copy of Joint Compromise Memo To 1.The Judicial Magistrate Court No.I, Madurai. 2.The Inspector of Police, Central Crime Branch, Madurai City.

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

+1CC to M/s.Ajmal Associates, Advocate, SR.No. 77711 +1CC to M/s.K.Manoharan, Advocate, SR.No. 77781 Crl.O.P.(MD).No.14502 of 2014 07.08.2018 TSG ES/SKN/RSK/SAR 3/11.09.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/