Pradeep v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.04.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN 1.Pradeep 2.Sandeepraj 3.Abupakkar Sidhik ... Petitioners Nos 1 to 3 Vs.

1. The State represented by The Inspector of Police, Annanagar Police Station, Madurai City.

(Crime No.1390 of 2020) ... 1st Respondent/Complainant 2.Sivachandran ... 2nd Respondent/Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records pertaining to the proceedings in C.C.No.907 of 2020 on the file of the learned Judicial Magistrate No.VI, Madurai and quash the same.

For Petitioners : Mr.T.Sugadev For Respondents : Mr.B.Thanga Aravindh Government Advocate (Criminal Side) for R.1

ORDER

This Criminal Original Petition has been filed to quash the charge sheet in C.C.No.907 of 2020 on the file of the learned Judicial Magistrate No.VI, Madurai.

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 respondent and also by their respective counsel.

4.Under such circumstances, no useful purpose will be served in keeping the First Information Report pending before the respondent 1/3

police. 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 Charge Sheet in C.C.No.907 of 2020 pending on the file of the learned Judicial Magistrate No.VI, Madurai.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.907 of 2020, on the file of the learned Judicial Magistrate No.VI, Madurai, is quashed insofar as the petitioners alone and the terms of joint compromise memo shall form part and parcel of this order. The petitioners shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) as costs, to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172) on or before 16.04.2022 and the receipt of payment shall be produced before the concerned Court, failing which the order shall stand dismissed automatically without any further reference to this Court.

Sd/- Assistant Registrar (CO) // True Copy // / /2022 Sub Assistant Registrar(CS) mga ENCL:Xerox Copy of Joint Compromise Memo Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Judicial Magistrate No.VI, Madurai.

2.The Inspector of Police, Annanagar Police Station, Madurai City.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 2/3

COPY TO:

THE OFFICER INCHARGE, THE CHIEF MINISTER PUBLIC RELIEF FUND, SECRETARIAT, CHENNAI - 9.

06.04.2022 KS(CO) GC(08.04.2022) 3P 5C 3/3