Kartick @ Karthikeyan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2022
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P(MD)Nos.1215 & 1216 of 2022 Karthick @ Karthikeyan ... Petitioner/Sole Accused Vs
1. The State represented by The Inspector of Police, Pattukkottai Town Police Station, Thanjavur District, In Crime No.2 of 2012.
... 1st Respondent / Complainant
2. Murugan @ Murutganantham ... 2nd Respondent / Defacto complainant PRAYER :- This Criminal Original Petition filed under Section 482 Cr.P.C.to call for the records pertaining to the S.C.No.112 of 2021 on the file of the Learned Assistant Sessions Judge (Sub Court), Pattukkottai, Thanjavur District and quash the proceedings as against the petitioner herein.
For petitioner : Mr.S.Deenadhayalan For Respondent : Mr.B.Thanga Aravindh R1 Government Advocate (Criminal Side) R2 : Mr.K.G.Arunkumar
ORDER
This Criminal Original Petition has been filed to quash the charge sheet in S.C.No.112 of 2021, on the file of the learned Assistant Sessions Judge (Sub Court), Pattukottai, Thanjavur District, for an alleged offences under Sections 147, 148, 294(b), 323, 324, 307 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 petitioner and the second respondent and also by their respective counsel.
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4.Under such circumstances, no useful purpose will be served in keeping the First Information Report pending before the respondent police. 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 Gujarath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the Charge Sheet in S.C.No.112 of 2021 pending on the file of the learned Assistant Sessions Judge (Sub Court), Pattukottai, Thanjavur District. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in S.C.No.
112 of 2021 pending on the file of the learned Assistant Sessions Judge (Sub Court), Pattukottai, Thanjavur District, is quashed insofar as the petitioner alone and the terms of joint compromise memo shall form part and parcel of this order. The petitioner shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) as costs, to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172), on or before 06.04.2022 and the receipt of payment shall be produced before the concerned Court, failing which the order shall stand dismissed automatically without any further reference to this Court. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) PNM Encl.: xerox copy of Joint Compromise memo.
Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. TO 1.The Assistant Sessions Judge (Sub Court), Pattukottai, Thanjavur District.
2. The Inspector of Police, Pattukkottai Town Police Station, Thanjavur District.
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3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to The Officer Incharge, Chief Ministers Public Relief Fund, Finance(CMPRF) Department, Government of Tamil Nadu, Secretariat, Chennai 600 009.
+1 CC to M/s.S.DEENADHAYALAN, Advocate ( SR-13563[F] dated 22/03/2022 ) ORDER IN CRL OP(MD) No.1677 of 2022 and Crl.M.P(MD)Nos.1215 & 1216 of 2022 Date : 21/03/2022 am(CO) TR(01.04.2022) 3P 6C 3/3