Sundar v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.6123 of 2019 1.Sundar 2.Marundhayi 3.Vanitha Natchiar : Petitioners / Accused 1,3 and 4 Vs.

1.State represented through The Inspector of Police, District Crime Branch, Madurai, Madurai District.

(Crime No.500 of 2014) : 1st Respondent / Complainant S.Boopathy : 2nd Respondent / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to C.C.No.254 of 2013 on the file of the learned Judicial Magistrate, No.I, Madurai as against these petitioners.

For Petitioners : Mr.S.Premkumar For R-1 : Mr.V.Neelakandan, Additional Public Prosecutor.

For R-2 : No Appearance

ORDER

The Criminal Original Petition has been filed to quash the charge sheet in C.C.No.254 of 2013 on the file of the learned Judicial Magistrate, No.I, Madurai, in Crime No.33 of 2013 on the file of the first respondent police for the offence under Sections 120 (b), 420, 468 and 471 of IPC.

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 petitioners 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 N.Periyadaikan, Special Sub-Inspector of Police, Central Crime Branch, Madurai District, Contact No.83000 11191. 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 pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines https://hcservices.ecourts.gov.in/hcservices/

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.254 of 2013 on the file of the learned Judicial Magistrate, No.I, Madurai. 5.This Criminal Original Petition stands allowed and as a sequel, the impugned charge sheet in C.C.No.254 of 2013 on the file of the learned Judicial Magistrate, No.I, Madurai, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. The petitioners shall pay a sum of Rs.1000/-, 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 // True Copy // Sub Assistant Registrar(CS) Encl:Xerox Copy of Joint Compromise Memo.

To 1.The Judicial Magistrate No.I, Madurai.

2.The Inspector of Police, District Crime Branch, Madurai, Madurai District.

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

Copy to:1. The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.(2 COPIES) 2.The District Siddha Medical Officer, CCRI, Periyakulam.

+1cc to Mr.S.PREMKUMAR, Advocate, SR.No. 63550 Crl.O.P.[MD]No.6123 of 2019 27.04.2019 DSS KK/SAR/23.05.2019/ 2P- 8C https://hcservices.ecourts.gov.in/hcservices/