Ariyappan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.010.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.17918 of 2014 and M.P.(MD).No.1 of 2014 Ariyappan

...Petitioner/Sole Accused

Vs.

1. The Inspector of Police, All Women Police Station, Kamudhi, Ramanathapuram District.

(Crime No.3 of 2014). ...Respondent/Complainant

2. A.Kalaiselvi ...2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C. to call for the records pertaining to the complaint in C.C.No.92 of 2014 on the file of the District Munsif cum Judicial Magistrate, Kamudhi and quash the same.

For Petitioner: Mr.K.Seemaraj For R1 : Mr.V.Neelakandan Additional Public Prosecutor For R2 : Mr.M.Sakthikumar

O R D E R

This Criminal Original Petition has been filed to quash the charge sheet in C.C.No.92 of 2014 on the file of the District Munsif cum Judicial Magistrate, Kamudhi.

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 compromise memo has been filed before this Court which has been signed by the petitioner and the second respondent and also by their respective counsel. The petitioner and the second respondent are also present in person before this Court. This Court also enquired both the parties and satisfied that the parties have come to an amicable settlement between themselves.

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4. Under such circumstances, no useful purpose will be served in keeping C.C.No.92 of 2014 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 case in C.C.No.92 of 2014.

5. This Criminal Original Petition is allowed and the charge sheet in C.C.No.92 of 2014 on the file of the District Munsif cum Judicial Magistrate, Kamudhi is quashed. The Compromise Memo shall form part of this order. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS-I) To

1. The Inspector of Police, All Women Police Station, Kamudhi, Ramanathapuram District.

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

3. The District Munsif cum Judicial Magistrate, Kamudhi.

+ 1 CC TO MR.K.SEEMARAJ, ADVOCATE IN SR NO.89593 AKV BU/SKN/SAR-1 :12.11.2018 : 2P/5C Crl.O.P.(MD).No.17918 of 2014 09.10.2018 https://hcservices.ecourts.gov.in/hcservices/