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Madras High CourtCRL OP(MD)/1777/2020allowed

A. Singaravelan v. The Inspector Of Police

2020-02-03Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.(MD).No. 1777 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD).No. 1777 of 2020

1. A. Singaravelan

2. M. Kaleeshwaran @ Kalishwaran

3. C. Anand @ Anandh

4. Subbiramanian @ Subbu ... Petitioners/A-1 to 4 Vs.

1. The State rep. by The Inspector of Police, Bazaar Police Station, Ramanathapuram, Ramanathapuram District.

(Crime No. 127 of 2018).

...R-1/Complainant

2. R. Maheswaran ...R-2/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.284/2018, on the file of the Learned Judicial Magistrate No.I, Ramanathapuram and quash the same as illegal. For Petitioners : Mr.C. Senthil Murugan For R-1 : Mrs. S. Bharathi, Government Advocate (crl. Side) For R-2 : Mr. M. Ramesh

O R D E R

This Criminal Original Petition is filed to quash the proceedings in C.C.No.284/2018, on the file of the learned Judicial Magistrate No.I, Ramanathapuram as against the petitioners for the offences under Sections 294(b), 324 & 506(2) 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 have been signed by the petitioners and the second respondent and also by their respective counsel. The petitioners and the second respondent were also present in person before this Court and they were identified by the police officials. This Court also https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No. 1777 of 2020 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.284 of 2018 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.284 of 2018.

5. It is represented by the learned counsel for the petitioners that the petitioners paid a sum of Rs.5000/-(Rupees Five Thousand only) as costs to the Credit of the Gandhi Memorial Museum and filed the original cash receipt along with this memo on 03.02.2020. 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. 284 of 2018, on the file of the learned Judicial Magistrate No.I, Ramanathapuram is quashed and the terms of joint compromise memo shall form part and parcel of this order.

Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) Encl:Xerox Copy of Joint Compromise Memo.

To

1. The Judicial Magistrate No.I, Ramanathapuram.

2. The Inspector of Police, Bazaar Police Station, Ramanathapuram, Ramanathapuram District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai +1 CC to M/s.C.SENTHIL MURUGAN, Advocate ( SR-4891[F] dated 05/02/2020 ) Crl.O.P.(MD).No.1777 of 2020 03.02.2020 KK/SAR/19.02.2020/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2