Velmurugan, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.4533 of 2019 1.Velmurugan 2.Chellapandi : Petitioners / Accused 1 and 2 Vs.

1.The Inspector of Police, Keeraithurai Police Station, Madurai.

(Crime No.500 of 2014) : 1st Respondent / Complainant 2.Jhansi Rani : 2nd Respondent / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records relating to the charge sheet in C.C.No.273 of 2016, on the file of the learned Judicial Magistrate No.4, Madurai and quash the same.

For Petitioners : Mr.B.Arun For R-1 : Mr.V.Neelakandan, Additional Public Prosecutor.

For R-2 : Mr.A.Aathiyan

ORDER

The Criminal Original Petition has been filed to quash the charge sheet in C.C.No.273 of 2016, on the file of the learned Judicial Magistrate No.4, Madurai, for the alleged offences under Sections 109 and 435 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 petitioner 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 R.Vengateshalapathi, Special Sub-Inspector of Police, Keeraithurai Police Station, Madurai. 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/

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 the State of Madhya Pradesh Vs. Laxmi Narayan & Others [CDJ 2019 SC 264] and Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath [(2017) 9 SCC 641], this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the impugned charge sheet in C.C.No.273 of 2016, on the file of the learned Judicial Magistrate No.4, Madurai.

5.This Criminal Original Petition stands allowed and as a sequel, the impugned charge sheet in C.C.No.273 of 2016, on the file of the learned Judicial Magistrate No.4, Madurai, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. The petitioner shall pay a sum of Rs.500/-, each as costs, to the credit of the "District Siddha Medical Officer, CCRI, Periyakulam" (payable in Account No.10767823177, SBI, Periyakulam), 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 (CS-III) // True Copy // Sub Assistant Registrar(CS) ta To 1.The Judicial Magistrate No.4, Madurai.

2.The Inspector of Police, Keeraithurai Police Station, Madurai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. COPY TO The District Sidha Medical Officer, CCRI, Periyakulam.

+1CC TO MR.B.ARUN, Advocate Sr. No. 57463 Crl.O.P.[MD]No.4533 of 2019 28.03.2019 TR (30.04.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/