Chellamuthu v. The Inspector Of Police

Crl.O.P.(MD).No.2016 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.02.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD).No.2016 of 2020 1.Chellamuthu

2. Selvi ..Petitioners/Accused No.1,2 Vs.

1.The Inspector of Police, Thiruppachethi Police Station Sivagangai District (Crime No.90 of 2016) ... Respondent No.1/Complainant 2.Poovanathan @ Surya ... Respondent No.2/Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the entire relevant records connected to the final report in C.C.No.993 of 2019 pending on the file of the learned Additional District Munsif cum Judicial Magistrate, Thiruppuvanam and quash the same against the petitioners.

For Petitioners : Mr.R.Senthil Kumar For R1 : Mr.S.Bharathi Government Advocate(Crl.Side) For R2 : Mr.P.Ponraj

O R D E R

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.993 of 2019 pending on the file of the learned Additional District Munsif cum Judicial Magistrate, Thiruppuvanam, for the offences punishable under Sections 294(b), 323,324 and 506 (ii) of IPC.

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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.2016 of 2020 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 Mrs.Akilandeswari, SSI of Police. 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 in C.C.No.993 of 2019 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.993 of 2019.

5. .Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.993 of 2019 on the file of the Additional District Munsif cum Judicial Magistrate, Thiruppuvanam , is quashed and the terms of joint compromise memo shall form part and parcel of this order.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) aav Encl Xerox copy of Joint compromise memo To

1. The Additional District Munsif cum Judicial Magistrate, Thiruppuvanam 2.The Inspector of Police, Thiruppachethi Police Station Sivagangai District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.R.SENTHIL KUMAR, Advocate ( SR-5244[F]dated 07/02/2020 ) Crl.O.P.(MD).No.2016 of 2020 06.02.2020 VB(24.02.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2