Sagubar Sathik v. The Inspector Of Police

Crl.O.P.[MD].No.3464 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.[MD].No.3464 of 2020 Segubar Sathik : Petitioner/Sole Accused Vs.

1.The Inspector of Police, Thirupullani Police Station, Ramanathapuram District.

: 1st Respondent/Complainant (Crime No.246 of 2016) 2.Mohamed Usain :2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records relating to the charge sheet in C.C.No.6 of 2019, on the file of the learned Judicial Magistrate No.I, Ramanathapuram and quash the same.

For Petitioner : Mr.C.Susikumar For R-1 : Mrs.S.Bharathi Government Advocate (Crl. side) For R-2 : Mr.K.Sathishkumar

ORDER

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.6 of 2019, on the file of the learned Judicial Magistrate No.I, Ramanathapuram, for the offences punishable under Sections 294(b), 506(i), 355 and 427 of IPC, in Crime No.246 of 2016.

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. The petitioner and the second respondent were also present in person before this Court and they were identified by Mr.R.Shanmugavel, 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 pending, even though, the offences involved https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.[MD].No.3464 of 2020 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.6 of 2019.

5.It is represented by the learned counsel for the petitioner that the petitioner paid a sum of Rs.5,000/- (Rupees Five Thousand only) as costs to the Credit of the Rojavanam Old Age Home, Uthangudi, Malur Road, Madurai and filed the original cash receipt along with a memo on 26.02.2020. 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.6 of 2019, on the file of the learned Judicial Magistrate No.I, Ramanathapuram, is quashed and the terms of joint compromise memo shall form part and parcel of this order.

Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) sji To 1.The Judicial Magistrate No.I, Ramanathapuram. 2.The Inspector of Police, Thirupullani Police Station, Ramanathapuram District.

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

+1 CC to Mr.C.SUSIKUMAR, Advocate ( SR-8746[F] dated 27/02/2020 ) Crl.O.P.[MD].No.3464 of 2020 26.02.2020 VB(11.03.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2