Chandrasekaran @ v. The Deputy Superintendent Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2019
CORAM:
THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.5802 of 2019 1.Chandrasekaran@Chanthireswaran 2.Thangapandi 3.Siva @ Sivasakthi 4.Natarajan 5.Irulappan 6.Muneeswaran @ Andi Muneeswaran 7.Vigneswaran 8.Sankar 9.Vimal Kumar : Petitioners/Accused Nos.1 to 9 Vs.
1.The Deputy Superintendent of Police, Samayanallur Police Station, Madurai District.
..1st Respondent/Complainant 2.Azhaguraja ..2nd Respondent/Defacto Complainant 3.Sundar @ Sakthivel 4.Athisayapandian .. Respondents 3 and 4/Victims PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to quash the proceedings in Spl.S.C.No.149 of 2018 on the file of the III Additional District & Sessions Court (PCR), Madurai and quash the same on the basis of joint compromise memo dated 20.03.2019.
For Petitioners : Mr.S.Prabhu For R-1 : Mr.V.Neelakandan, Additional Public Prosecutor.
For RR-2 to 4 : Mr.S.Shanmugaraja
ORDER
The Criminal Original Petition has been filed to quash the proceedings in Spl.S.C.No.149 of 2018 on the file of the III Additional District & Sessions Court (PCR), Madurai, for the alleged offence under Sections 147, 148, 341, 294(b), 323, 324 IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.
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 Memo of Compromise has been filed before this Court, which have been signed by the petitioners and the respondents Nos.2 to 4 and also by their respective counsel. The petitioner and the respondents Nos.2 to 4 were also present in person before this Court and they were identified by Mr.Velmurugan, Sub-Inspector of Police, Samayanallur Police South Station, Madurai District. 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 Spl.S.C.No.149 of 2018 pending, even though, the offence involved is 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 proceedings in Spl.S.C.No.149 of 2018 on the file of the III Additional District & Sessions Court (PCR), Madurai.
5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Spl.S.C.No.149 of 2018 on the file of the III Additional District & Sessions Court (PCR), Madurai is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.500/-, 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 (w) // True Copy // Sub Assistant Registrar(CS) Encl:Xerox copy of Joint Compromise Memo To 1.The III Additional District & Sessions Judge (PCR), Madurai.
2.The Deputy Superintendent of Police, Samayanallur Police Station, Madurai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to The District Siddha Medical Officer CCRI, Periyakulam.
+1 CC to M/s.S.PRABHU, Advocate ( SR-62557[F] dated 25/04/2019 ) ta Crl.O.P.[MD]No.5802 of 2019 25.04.2019 KM/(20.05.2019) 3P 6C