Prabin @ Robinson 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 Prabin @ Robinson : Petitioner Vs.

1.The Inspector of Police, Thiruvattar Police Station, Kanyakumari District.

(Crime No.145 of 2018) 2.Vinish Raj Anto : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records in S.T.C.No.520 of 2019, on the file of the Judicial Magistrate No.II, Padmanabhapuram, Kanyakumari District, quash the same.

For Petitioner : Mr.C.T.Perumal For R-1 : Mrs.S.Bharathi Government Advocate (Crl. side) For R-2 : M/s.T.Karthigai Deepa

ORDER

The Criminal Original Petition has been filed to quash the proceedings in S.T.C.No.520 of 2019, on the file of the Judicial Magistrate No.II, Padmanabhapuram, Kanyakumari District, for the offences punishable under Sections 294(b) and 506(1) of IPC, in Crime No.145 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.

3.A Joint Memo of Compromise has been filed before this Court, which have been signed by the petitioner and the second respondent and also by their respective counsel. The petitioner and the second respondent were also present in person before this Court and they were identified by Mr.E.Richard Josep, SSI of Police. 1/3

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 S.T.C.No.520 of 2019. 5.It is represented by the learned counsel for the petitioner that the petitioner paid a sum of Rs.3,000/- (Rupees Three thousand only) as costs to the Credit of the "Anbagam" (Institution for the Mentally Handicapped Children), Racecourse Road, 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 S.T.C.No.520 of 2019, on the file of the Judicial Magistrate No.II, Padmanabhapuram, Kanyakumari District, is quashed and the terms of joint compromise memo shall form part and parcel of this order. Sd/- Assistant Registrar(CS) // True Copy // / /2020 Sub Assistant Registrar(CS) sji ENCL.: XEROX COPY OF JOINT COMPROMISE MEMO.

To 1.The Judicial Magistrate No.II, Padmanabhapuram, Kanyakumari District.

2.The Inspector of Police, Thiruvattar Police Station, Kanyakumari District.

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

+1 CC to M/s.C.T.PERUMAL, Advocate ( SR-7391[F] dated 20/02/2020 ) 20.02.2020 SE(CO) TR(09.03.2020) 3P 5C 3/3