M.Velraj v. The Inspector Of Police

Crl.O.P.(MD) No.3909 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.3909 of 2022

1. M.Velraj

2. V.Vasanthi

...Petitioners/Accused Nos 1 & 2

Vs.

1. State Rep. by The Inspector of Police Panavadalichatram Police Station Tirunelveli District.

(Crime No.211 of 2018) ...1st Respondent/Complainant

2. Malar Mannan Madasamy ...2nd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records relating to the proceedings in C.C.No. 126 of 2020 on the file of learned Judicial Magistrate, Sankarankovil and quash the same.

For Petitioner : M/s.T.Antony Arulraj For Respondents : Mr.R.M.Anbunithi No.1 Additional Public Prosecutor

ORDER

The Criminal Original Petition has been filed to quash the proceedings in C.C.No. 126 of 2020 on the file of Learned Judicial Magistrate, Sankarankovil.

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 petitioners and the second respondent and also by their respective counsel. The parties were present before this Court and they were identified by their respective counsels.

4. Under such circumstances, no useful purpose will be served in keeping the C.C.No. 126 of 2020 on the file of learned Judicial Magistrate, Sankarankovi, 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.3909 of 2022 jurisdiction under Section 482 Cr.P.C. quashes the charge sheet in C.C.No. 126 of 2020.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No. 126 of 2020 on the file of Learned Judicial Magistrate, Sankarankovi, is quashed and the terms of Joint Memo of Compromise 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 Account No.10767823177, IFSC No.SBIN000898, MICR Code No.625002601, on or before on or before 09.03.2022 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 (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) aav ENCL:Xerox Copy of Joint Compromise Memo To

1. The Judicial Magistrate, Sankarankovil.

2. The Inspector of Police Panavadalichatram Police Station Tirunelveli District

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 Crl.O.P.(MD) No.3909 of 2022 28.02.2022 ark(CO) GC(01.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2