K. Sakthivel v. The Inspector Of Police

Crl.O.P.(MD)No.4466 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.03.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.4466 of 2022 K.Sakthivel

...Petitioner

Vs.

1. The State rep. by its Inspector of Police, CCB,Madurai.

(Crime No.57 of 2011)

2. T.N.S.Jegadeesan ... Respondents Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in C.C.No. 14 of 2014 pending before the Special court for Land Grabbing (JM Level), Madurai and Quash the same as against the petitioner concerned. For Petitioner : Mr.L.Prabakaran For R1 : Mr.R.M.Anbunithi Additional Public Prosecutor For R2 : Mr.R.M.Mahesh Kumaravel

ORDER

The Criminal Original Petition has been filed to quash the charge sheet in C.C.No.14 of 2014, on the file of the Special Court for Land Grabbing (JM Level) Madurai, for an alleged offences under Sections 420, 448, 387, 468, 471, 506(ii), 109 r/w 120(B) IPC. 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 petitioner 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 Gujarath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the Charge Sheet in C.C.No.14 of 2014 pending on the file of the Special Court for Land Grabbing (JM Level) Madurai.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.14 of 2014 pending on the file of https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.4466 of 2022 the Special Court for Land Grabbing (JM Level) Madurai, is quashed insofar as the petitioner alone and the terms of joint compromise memo shall form part and parcel of this order. The petitioner shall pay a sum of Rs.10,000/- (Rupees Ten Thousand only) as costs, to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172), on or before 04.04.2022 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.

Sd/- Assistant Registrar () // True Copy // / /2022 Sub Assistant Registrar(CS) PNM 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 Special Court for Land Grabbing (JM Level), Madurai

2. The Inspector of Police, CCB,Madurai.

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

Copy to The Officers Incharge, Chief Minister Public Relief Fund, Secretariat, Chennai-9 +1 CC to M/s.R.M.MAKESH KUMARAVEL, Advocate ( SR-15219[F] dated 29/03/2022 ) Crl.O.P.(MD)No.4466 of 2022 25.03.2022 KG(CO) KB(30.03.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2