Madras High CourtCRL OP(MD)/3659/2022allowed

N.Manimaran v. The Inspector Of Police

2022-02-23Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.3659 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.3659 of 2022 N.Manimaran ... Petitioner/Accused Vs 1.The Inspector of Police, Aruppukottai Town Police Station, Virudhunagar District.

(Crime No.313 of 2020) ... 1st Respondent/Complainant 2.M.Saravanakumar ... 2nd Respondent/ Defacto Complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records of the final report in C.C. No.13 of 2022 pending on the file of the Judicial Magistrate Court,Aruppukottai and quash the same.

For Petitioner : Mr.S.Bharathi For Respondent : Mr.R.M.Anbunithi No.1 Additional Public Prosecutor For Respondent : Mr.S.Rajendran No.2

ORDER

The Criminal Original Petition has been filed to quash the proceedings in C.C. No.13 of 2022 pending on the file of the Judicial Magistrate Court,Aruppukottai.

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 petitioner and the second respondent and also by their respective counsel.

4. Under such circumstances, no useful purpose will be served in keeping the C.C. No.13 of 2022 pending on the file of the Judicial Magistrate Court,Aruppukottai, 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 C.C. No.13 of 2022.

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Crl.O.P.(MD)No.3659 of 2022 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C. No.13 of 2022 pending on the file of the Judicial Magistrate Court,Aruppukottai, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. The petitioner shall pay a sum of Rs.5,000/- (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 on or before 04.03.2022 and produce the receipt before the concerned court, failing which the order shall stand dismissed automatically without any further reference to this Court. Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) aav Encl: Photocopy of Compromise Memo attached.

To 1.The Judicial Magistrate,Aruppukottai 2.The Inspector of Police, Aruppukottai Town Police Station, Virudhunagar District.

3.The District Siddha Medical Officer, CCRI, Periyakulam 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.BHARATHI, Advocate ( SR-8263[F] dated 24/02/2022 ) Crl.O.P.(MD)No.3659 of 2022 23.02.2022 MGJ(25.02.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2