R. Muthiah v. The Inspector Of Police
Crl.O.P.(MD)No.3294 of 2022 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 21.02.2022
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.3294 of 2022 1.R.Muthiah 2.S.Ranjith 3.R.Mahalingam 4.M.Vignesh 5.Vijayakumar 6.M.Sathish Kumar 7.A.Manikandan 8.R.Kannan 9.Seenivasan ... Petitioners/Accused Nos.1 to 9 Vs.
1.The Inspector of Police, Thirunagar Police Station, Madurai City.
... 1st Respondent/Complainant 2.E.Muthumanikandasamy ... 2nd Respondent/Defacto Complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to the proceedings in S.C.No.167 of 2019 pending on the file of the learned Assistant Sessions Judge/Principal Sub Judge, Madurai and to quash the same in respect of the petitioners/Accused.
For Petitioners : Mr.Babu Rajendran, Advocate For R - 1 : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side) For R - 2 : Mr.I.Muthiah, Advocate
ORDER
The Criminal Original Petition has been filed to quash the proceedings as against the petitioners in S.C.No.167 of 2019 on the file of the learned Assistant Sessions Judge/Principal Sub Judge, Madurai.
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 petitioners and the second respondent and also by their respective counsel.
4.Under such circumstances, no useful purpose will be served in keeping the proceedings in S.C.No.167 of 2019 pending on the file of the learned Assistant Sessions Judge/Principal Sub Judge, Madurai, even though, the offences involved are not compoundable in nature. https://hcservices.ecourts.gov.in/hcservices/ 1/2
Crl.O.P.(MD)No.3294 of 2022 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 S.C.No.167 of 2019. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in S.C.No.167 of 2019 on the file of the learned Assistant Sessions Judge/Principal Sub Judge, Madurai is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. The petitioners shall pay a sum of Rs.5,000/- each (Rupees Five Thousand only) as costs, to the District Siddha Medical Officer, CCRI, Periyakulam in State Bank of India, Periyakulam Branch bearing Account No.10767823177, IFSC No.SBIN000898, MICR Code No.625002601, on or before 23.02.2022.
Sd/- Assistant Registrar (CS-III) // True Copy // 22/02/2022 Sub Assistant Registrar(CS) (*) Enclosed herewith The Joint Compromise Memo Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
To 1.The Assistant Sessions Judge/ Principal Sub Judge, Madurai.
2.The Distirict Siddha Medical Officer, CCRI, Periyakulam.
3.The Inspector of Police, Thirunagar Police Station, Madurai City.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.BABU RAJENDRAN, Advocate ( SR-7644[F] dated 22/02/2022 ) Order made in Crl.O.P(MD)No.3294 of 2022 21.02.2022 RS(22.02.2022) 2P-6C https://hcservices.ecourts.gov.in/hcservices/ 2/2