Maheswaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA 1.Maheswaran 2.Sathishkumar 3.Selvadurai 4.Sivakumar : Petitioners/Accused 1 to 4 Vs.

1.The State Rep. by The Inspector of Police, Bazaar Police Station, Ramanathapuram, Ramanathapuram District.

(Crime No.128 of 2018) ..1st Respondent/Complainant 2.Anand ..2nd Respondent/Defacto Complainant 3.Singaravelan 4.Kaleeswaran ..3rd & 4th Respondents/Injured PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records relating to the impugned charge sheet in CC.No.285 of 2018, on the file of the Judicial Magistrate No.I, Ramanathapuram and quash the same.

For Petitioners : Mr.R.Murugan For R-1 : Mrs.S.Bharathi Government Advocate (Crl. side) For R-2 : Mr.M.Chinnathambi

ORDER

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.285 of 2018, on the file of the Judicial Magistrate No.I, Ramanathapuram, for the offences punishable under Sections 294(b), 324 and 506(2) of IPC in Crime No.128 of 2018. 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.

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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 Mr.B.Thiyagarajan, HC:352, Bazaar Police Station, Ramanathapuram 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 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.285 of 2018. 5.It is represented by the learned counsel for the petitioners that the petitioners paid a sum of Rs.5,000/- (Rupees Five thousand only) as costs to the Credit of the Rojavanam Old Age Home, Uthangudi, Madurai and filed the original cash receipt along with this memo on 20.02.2020. The said submission is placed on record.

6.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.285 of 2018, on the file of the Judicial Magistrate No.I, Ramanathapuram, is quashed and the terms of joint compromise memo shall form part and parcel of this order.

Sd/- Assistant Registrar (AD I) // True Copy // / /2020 Sub Assistant Registrar(CS) Encl:Xerox copy of joint compromise memo sji To 1.The Judicial Magistrate No.I, Ramanathapuram. 2.The Inspector of Police, Bazaar Police Station, Ramanathapuram, Ramanathapuram District.

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

+1 CC to Mr.R.MURUGAN, Advocate ( SR-7443[F] dated 20/02/2020 ) 20.02.2020 KM/(03.03.2020) 3P 5C 3/3