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Madras High CourtCRL OP(MD)/1196/2020allowed

Arunprasath v. The Inspector Of Police

2020-01-27Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.(MD).No.1196 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.01.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD).No.1196 of 2020 Arunprasath .. Petitioner/Accused Vs.

1.The Inspector of Police, All Women Police Station, Karaikudi, Sivagangai District.

... Respondent/Respondent 2.Latha ... Respondent/Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to C.C.No.119 of 2015 on the file of the Principal District Munsif Cum Judicial Magistrate Court, Karaikudi and quash the same. For Petitioner : Mr.M.Lingadurai For R1 : Mrs.S.Bharathi Government Advocate (Crl. Side)

O R D E R

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.119 of 2015 on the file of the Principal District Munsif Cum Judicial Magistrate Court, Karaikudi. 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 have 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.S.Ankayarkanni, HC. 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.119 of 2015 pending, even though, the offences involved are not compoundable in nature. In https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.1196 of 2020 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.119 of 2015. 5.It is represented by the learned counsel for the petitioner that the petitioner paid a sum of Rs.5000/-(Rupees Five thousand only) as costs to the Credit of the Chief Justice Relief Fund, Madurai Bench of Madras High Court, Madurai, and filed the original cash receipt along with this memo on 27.01.2020. The said submission is placed on record.

6.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.119 of 2015, on the file of the Principle District Munsif-cum-Judicial Magistrate Court, Karaikudi is quashed and the terms of joint compromise memo shall form part and parcel of this order.

Sd/- Assistant Registrar (P&A) // True Copy // / /2020 Sub Assistant Registrar(CS) Vsg Encl: Xerox copy of joint compromise memo To 1.The Principal District Munsif Cum Judicial Magistrate Court, Karaikudi.

2.The Inspector of Police, All Women Police Station, Karaikudi, Sivagangai District.

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

+1 CC to Mr.P.M.VISHNU VARTHANAN, Advocate ( SR-3409[F] dated 28/01/2020 ) +1 CC to Mr.M.LINGADURAI, Advocate ( SR-3408[F] dated 28/01/2020 ) Crl.O.P.(MD).No.1196 of 2020 27.01.2020 VB(10.02.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2