Revathi Sambasivam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.02.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD)No.3597 of 2020 1.Revathi Sambasivam 2.Sambasivam 3.K.Sambath 4.K.Veerapandian 5.Periyasamy 6.Elango ... Petitioners/Accused Nos.1 to 6 Vs.

1.The State Rep.by The Inspector of Police, Devakottai Town Police Station, Devakottai, Sivagangai District.

(Crime No.19 of 2017) ... 1st Respondent/complainant 2.Thillairaja ... Respondent/Defacto complainant PRAYER: This Criminal Original Petition has been filed under Section 482 Cr.P.C., to call for the records relating to the proceedings in C.C.No.110 of 2019 on the file of the learned Judicial Magistrate Court, Devakottai and quash the same in respect of all the petitioners.

For Petitioners : Mr.G.Balasubramanian For R1 : Mrs.S.Bharathi, Government Advocate(Crl.side) For R2 : Mr.P.Kunasekaran

O R D E R

1.The Criminal Original Petition has been filed to quash the proceedings in C.C.No.110 of 2019, on the file of the learned Judicial Magistrate Court, Devakottai, for the offences punishable under Sections 147, 294(b), 323, 506(i) IPC.

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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.A.Joseph, SSI of Police. 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 in C.C.No.110 of 2019 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.110 of 2019. 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, Madurai and filed the original cash receipt along with this memo on 27.02.2020. 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.110 of 2019, on the file of the learned Judicial Magistrate Court, Devakottai, 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) Encl:Xerox copy of the Joint Compromise Momo To 1.The Judicial Magistrate Court, Devakottai.

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2.The Inspector of Police, Devakottai Town Police Station, Devakottai, Sivagangai District.

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

4.The Office Incharge, Rojavanam old Age Home, Madurai.

+2 CC to M/s.G.BALASUBRAMANIAN, Advocate ( SR-9005[F] dated 27/02/2020 ) Crl.O.P.(MD)No.3597 of 2020 27.02.2020 SPU(08.05.2020) 3P 7C 3/3