H.Kamaludeen @ Kamal, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.4260 of 2019 1.H.Kamaludeen 2.H.Nijamudeen 3.A.Abdul Majith 4.Jafar Ali @ Jafar : Petitioners Vs.

1.State represented by, Inspector of Police, Gandhimarket Police Station, Trichirapalli, Thiruchirapalli District.

2.Muruganantham @ Mohammed Abdullah : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to the C.C.No.225 of 2019 on the file of the learned Judicial Magistrate-V, Trichirapalli and quash the same.

For Petitioners : Mr.T.Balakumaran For R-1 : Mr.V.Neelakandan Additional Public Prosecutor For R-2 : Mr.J.Senthil Kumar

ORDER

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.225 of 2019, on the file of the Judicial Magistrate No.V, Trichirappalli, for an alleged offences under Sections 341, 294(b), 506(2), 325 and 34 IPC. The offences are chiefly private in nature.

2. The case is still in the stage of 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 N.Perumal, Special Sub-Inspector of Police, Gandhimarket Police Station, Thiruchirapalli, Contact No.9498156744. 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.225 of 2019.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.225 of 2019, on the file of the Judicial Magistrate No.V, Trichirapalli is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. The petitioners shall pay a sum of Rs.500/-, each 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 (CO) // True Copy // Sub Assistant Registrar() Rmi/ta To Encl: Xerox copy of Joint Compromise Memo 1.The Judicial Magistrate No.V, Trichirapalli. 2.The Inspector of Police, Gandhimarket Police Station, Trichirapalli, Thiruchirapalli District.

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

Copy to:

1.The District Siddha Medical Officer, CCRI, Periyakulam.

2.The Section Officer,(2 Copies) Criminal Section, Madurai Bench of Madras High Court, Madurai.

+1. C.C. to Mr.T.Balakumaran Advocate SR.No.56042 Crl.O.P.[MD]No.4260 of 2019 21.03.2019 TK/SAR. /15.04.2019/3P/8C