Madasamy v. The Inspector Of Police
Crl.O.P.[MD].No.2968 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.02.2020
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.[MD].No.2968 of 2020 1.Madasamy 2.Saravanakumar 3.Murugan @ Ranjith 4.Pappa : Petitioners/Accused 1 to 4 Vs.
1. State Through The Inspector of Police, South Police Station, Thoothukudi District.
2.Saravanakumar : Respondents/Complainants PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records in connection with C.C.No.25 of 2018, on the file of the learned Judicial Magistrate No.I, Thoothukudi District and quash the same.
For Petitioners : Mr.S.Moorthy For R-1 : Mrs.S.Bharathi Government Advocate (Crl. side) For R-2 : Mr.S.T.Sasidharan Tamilkani
ORDER
The Criminal Original Petition has been filed to quash the proceedings in C.C.No.25 of 2018, on the file of the learned Judicial Magistrate No.I, Thoothukudi District, for the offences punishable under Sections 294(b), 323, 324 and 506(2) of IPC, in Crime No.876 of 2017.
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 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.S.Ramalingam, SSI of Police. https://hcservices.ecourts.gov.in/hcservices/ 1/2
Crl.O.P.[MD].No.2968 of 2020 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.25 of 2018. 5.It is represented by the learned counsel for the petitioners that the petitioners paid a sum of Rs.3,000/- (Rupees Three thousand only) as costs to the Credit of M.S.Chellamuthu Trust and Research Foundation, 643, K.K.Nagar, Madurai and filed the original cash receipt along with this memo on 19.02.2020. 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.25 of 2018, on the file of the learned Judicial Magistrate No.I, Thoothukudi District, is quashed and the terms of joint compromise memo shall form part and parcel of this order.
Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) Encl.: Xerox copy of Compromise Memo To
1. The Judicial Magistrate No.I, Thoothukudi District.
2. The Inspector of Police, South Police Station, Thoothukudi District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.S.T.SASIDHARAN TAMILKANI, Advocate (SR-7449[F] dated 20/02/2020) SJI AE : 09/03/2020 : 2P/5C Crl.O.P.[MD].No.2968 of 2020 19.02.2020 https://hcservices.ecourts.gov.in/hcservices/ 2/2