Chellapandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.3343 of 2019 1.Chellapandi 2.Visu : Petitioners / Accused No.1 & 2 /Vs./ State through by 1.The Inspector of Police, Sedapatti Police Station Madurai District.

: 1st Respondent / Complainant [Cr.No.98 of 2018] 2.Muthupandi : 2nd Respondent / De facto Complainant 3.Palkannan : 3rd Respondent / Victim PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records relating to the case in C.C.No.294 of 2016 on the file of the learned District cum Judicial Magistrate, Peraiyur and quash the same.

For Petitioners : Mr.R.Maheswaran For R-1 : Mr.V.Neelakanden Additional Public Prosecutor For R-2 & R-3 : Mr.Senthil Vinayagam

ORDER

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.294 of 2016 on the file of the learned District cum Judicial Magistrate, Peraiyur, for alleged offences under Sections 323, 324 and 506(ii) IPC. The offences are private in nature.

2. The case is still in the stage of investigation. 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 Ms.Maheswari, Sub-Inspector of Police, Sedapatti Police Station, Contact:94981 98157. 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 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.294 of 2016 on the file of the learned District cum Judicial Magistrate, Peraiyur.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.294 of 2016 on the file of the learned District cum Judicial Magistrate, Peraiyur, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.1,000/- as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry, Madurai Bench), within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) Sm ENCL.: The Xerox Copy of Joint Compromise Memo To 1.The learned District cum Judicial Magistrate, Peraiyur. 2.The Inspector of Police, Sedapatti Police Station Madurai District.

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

4.The Section officer, Accounts Section, Madurai Bench of Madras High Court, Madurai.

5.The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.

(2 copies) +1CC TO MR.R.MAHESWARAN Advocate Sr. No. 52494 Crl.O.P.[MD]No.3343 of 2019 07.03.2019 TR (11.04.2019) 3P 8C