Esakkimuthu v. The Deputy Superintendent Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2018
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.[MD].No.18553 of 2015 1.Esakkimuthu 2.Murugan 3.Esakkiraja 4.Veeraperumal @ Perumal 5.Muniasamy 6.Mariammal 7.Muthu 8.Rathinam : Petitioners/Accused Vs.
1. State Rep. by The Deputy Superintendent of Police, Thoothukudi Town Sub Division, Thoothukudi.
..1st Respondent/Complainant 2.Sudha .. 2nd Respondent/De-facto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records pertaining to the Charge Sheet in S.C.No.111 of 2015, on the file of the learned II Additional Sessions Judge (PCR) Court, Tirunelveli in Crime No.778 of 2012, dated 08.11.2012 registered by the first respondent and quash the same as illegal.
For Petitioners : Mr.M.Maran For R-1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl. side) For R-2 : Mr.R.Raja
ORDER
The Criminal Original Petition has been filed to quash the proceedings in S.C.No.111 of 2015, on the file of the learned II Additional Sessions Judge (PCR) Court, Tirunelveli in Crime No.778 of 2012, dated 08.11.2012 registered by the first respondent, for an alleged offences under Sections 147, 448, 323, 498(A) of IPC and Section 4 of TNPWH Act and Section 3(1)(xi) of SC/ST Atrocity Act.
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.
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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. 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 criminal proceedings pending. 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 criminal proceedings in S.C.No.111 of 2015.
5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in S.C.No.111 of 2015, on the file of the learned II Additional Sessions Judge (PCR) Court, Tirunelveli, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order.
Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS-III) Encl:Xerox Copy of Joint Compromise Memo To
1. The II Additional Sessions Judge (PCR) Court, Tirunelveli.
2. The Deputy Superintendent of Police, Thoothukudi Town Sub Division, Thoothukudi.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1cc to M.Maran,Advocate Sr.No.93782 SJI/DAS MK/SKN/SAR3/04.12.2018/2P/5C Crl.O.P.[MD].No.18553 of 2015 01.11.2018 https://hcservices.ecourts.gov.in/hcservices/