Vinothkumar @ Vinoth v. The Inspector Of Police
Crl.O.P.[MD].No.2390 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.02.2020
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.[MD].No.2390 of 2020 1.Vinothkumar @ Vinoth 2.Dhinesh 3.Balaji 4.Karthick : Petitioners/Accused Vs.
1.State Through The Inspector of Police, Vathalai Police Station, Trcihy District.
(Crime No.252 of 2017) : Respondent/Complainant 2.Sathishkumar : Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records in pursuant to the Spl.S.C.No.12 of 2018, on the file of the I Additional District Court (PCR Act Cases), Trichy, in connection with Crime No.252 of 2017, on the file of the Vathalai Police Station, Trichy District and quash the same. For Petitioners : Mr.K.Balasubramani For R-1 : Mrs.S.Bharathi Government Advocate (Crl. side) For R-2 : Mr.M.Karthikeya Venkitachalapathy
ORDER
The Criminal Original Petition has been filed to quash the proceedings in Spl.S.C.No.12 of 2018, pending on the file of the I-Additional District Court (PCR Act Cases), Trichy, for the offences punishable under Sections 294(b), 323, 506(1), 325 and 506
(2) of IPC and Sections 3(1)(i) and 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989 in Crime No.252 of 2017. 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 Mr.M.Rajendran, SI of Police. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. https://hcservices.ecourts.gov.in/hcservices/ 1/2
Crl.O.P.[MD].No.2390 of 2020 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 Spl.S.C.No.12 of 2018.
6.It is represented by the learned counsel for the petitioners that the petitioners paid a sum of Rs.5,000/- (Rupees Five thousand only) as costs to the Credit of M.S.Chellamuthu Trust and Research Foundation, 643, K.K.Nagar, Madurai and filed the original cash receipt along with this memo on 12.02.2020. The said submission is placed on record.
7.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Spl.S.C.No.12 of 2018, on the file of the I-Additional District Court (PCR Act Cases), Trichy, is quashed and the terms of joint compromise memo shall form part and parcel of this order.
Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS ) Sji Encl.: Xerox copy of Joint Compromise Memo To 1.The I-Additional District Judge (PCR Act Cases), Trichy. 2.The Inspector of Police, Vathalai Police Station, Trcihy District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P.[MD].No.2390 of 2020 12.02.2020 (2/2) MK (25.02.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2