Madras High CourtCRL OP(MD)/2842/2022allowed

M.Manikandan v. The Inspector Of Police

2022-02-10Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.2842 of 2022 and Crl.M.P(MD) Nos.2128 and 2130 of 2022 M.Manikandan ...

Petitioner/Sole Accused Vs.

1.State rep. by The Inspector of Police, Meignanapuram Police Station Thoothkudi District ..1st Respondent/Complainant

2. Ramakani ...2nd Respondent/Defacto 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.232 of 2021 on the file of the Mahila Court, Thoothukudi in Crime No.64 of 2015 dated 31.03.2015 and quash the same For Petitioner : Mr.K.Suyambulinga Bharathi For R-1 : Mr.R.M.Anbunithi Additional Public Prosecutor For R-2 : Mr.R.Anandharaj

ORDER

The Criminal Original Petition has been filed to quash the proceedings in S.C. No.232 of 2021 on the file of the Mahila Court, Thoothukudi for an alleged offences under Section 174 Cr.P.C @ 306 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 has been signed by the petitioner and the second respondent and also by their respective counsel.

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4. Under such circumstances, no useful purpose will be served in keeping the S.C. No.232 of 2021 on the file of the Mahila Court, Thoothukudi , 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 S.C. No.232 of 2021.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in S.C. No.232 of 2021 pending on the file of the Mahila Court, Thoothukudi, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. The petitioner shall pay a sum of Rs.5000/- (Rupees Five Thousand only) as costs, to the High Court Legal Services Authority, Madurai Bench of Madras High Court, Madurai, on or before 11.02.2022.

Consequently connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CRL SIDE) // True Copy // 10/02/2022 Sub Assistant Registrar(CS II) aav To

1. The Judge, Mahila Court, Thoothukudi 2.The Inspector of Police, Meignanapuram Police Station,Thoothkudi District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

COPY TO:

THE OFFICER IN CHARGE, LEGAL SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

MGJ 10/02/2022 2P.5C Crl.O.P.(MD).No.2842 of 2022 and Crl.M.P(MD) Nos.2128 and 2130 of 2022 10.02.2022 https://hcservices.ecourts.gov.in/hcservices/