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Madras High CourtCRL OP(MD)/4055/2022disposed of

B. Vinothkumar @ Vinoth v. The Inspector Of Police

2022-03-02Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.4055 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.4055 of 2022

1. B.Vinoth Kumar @ Vinoth

2. B.Chandran

3. Vikki @ Vigneshrajan ... Petitioners Vs.

1. The Inspector of Police, Samayanallur Police Station, Madurai District.

2. R.Thiruganesh ... Respondents Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C.to call for records relating to the charge sheet in P.R.C.No. 61/2017 on the file of the learned Judicial Magistrate Vadipaiti and quash the same.

For Petitioner : Mr.S.Arjun For R1 : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in P.R.C. No.61 of 2017, on the file of learned Judicial Magistrate, Vadipatti, for an alleged offences under Sections 147, 148, 323, 324, 294(b), 307 of IPC. 2.The case is trial stage. 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 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 P.R.C.No.61 of 2017 pending on the file of the first respondent police.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.4055 of 2022 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in P.R.C.No.61 of 2017, on the file of the first respondent police, 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) each 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 09.03.2022. Sd/- Assistant Registrar (CRIMINAL) // 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.

ENCL : Joint Compromise Memo To:

1. The Judicial Magistrate, Vadipatti.

2. The Inspector of Police, Samayanallur Police Station, Madurai District.

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

COPY TO :

The District Siddha Medical Officer, CCRI, Periyakulam.

ORDER IN Crl.O.P.(MD)No.4055 of 2022 02.03.2022 USK/04.03.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2