P.Sathishkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN in Crl.M.P(MD)No.2924 of 2022 1.P.Sathishkumar 2.S.Meena 3.V.Muthupandi @ Bowli 4.P.Seethalakshmi

...Petitioners/Accused No. 1 to 4

Vs.

1. State represented by The Inspector of Police, All Women Police Station, Melur, Madurai District.

(Crime No.14/2020) ... 1st Respondent/Complainant

2. S.Pushpavalli ...2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to call for the records pertaining to the Impugned Charge sheet in C.C.No.07 of 2021 on the file of the Learned Judicial Magistrate, Melur in First Information Report in Crime No. 14 of 2020 dated 28.10.2020 on the file of the Respondent No.1 police for the offence under section 498(A), 294(b), 494 and 506(i) of I.P.C. and quash the same as illegal. For Petitioners : Mr.T.Thirumurugan For R1 : Mr.B.Thanga Aravindh Government Advocate For R2 : Mr.S.Suresh

ORDER

The petition has been filed to quash the charge sheet in C.C.No.07 of 2021 on the file of the learned Judicial Magistrate, Melur.

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.

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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.

4.Under such circumstances, no useful purpose will be served in keeping the First Information Report pending before the respondent police. 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 Charge Sheet in C.C.No.07 of 2021 on the file of the learned Judicial Magistrate, Melur. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.07 of 2021, on the file of the learned Judicial Magistrate, Melur, is quashed insofar as the petitioners alone and the terms of joint compromise memo shall form part and parcel of this order. The petitioners 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 Accound No.10767823177, IFSC No.SBIN000898, MICR Code No.625002601, on or before 20.03.2022 and the receipt of payment shall be produced before the concerned Court, failing which the order shall stand dismissed automatically without any further reference to this Court. Consequently, the connected miscellaneous petition is also closed.

Sd/- Assistant Registrar (W) // True Copy // / /2022 Sub Assistant Registrar(CS) lr ENCL:Xerox Copy of Joint Compromise Memo To 1.The Judicial Magistrate, Melur, Madurai District.

2. The Inspector of Police, All Women Police Station, Melur, Madurai District.

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

COPY TO:

THE DISTRICT SIDDHA MEDICAL OFFICER, CCRI, PERIYAKULAM IN STATE BANK OF INDIA, PERIYAKULAM BRANCH.

+1 CC to M/s.T.THIRUMURUGAN, Advocate (SR-11070[F] dated 10/03/2022) in Cr.M.P(MD)No.2924 of 2022 08.03.2022 KS(CO) GC(15.03.2022) 3P 6C 3/3