Aladi v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.5675 of 2020 1.Aladi 2.A.Mathavan 3.A.Saravanan 4.S.Soorya Karthik 5.S.Bharathi Raja 6.R.Rengan 7.M.Bala ... Petitioners/Accused Vs.

1.State represented through the Deputy Superintendent of Police, Samaiyanallur Division, Madurai District.

... Respondent No.1/Complainant 2.K.Pandi Vijayakumar

...Respondent No.2 / De facto

Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the pending case in impugned Spl.S.C.No.156 of 2018, pending on the file of the 3rd Additional District Court (PCR), Madurai and quash the same as illegal in so far as the petitioners are concerned. For Petitioners : Mr.R.Karuninidhi For R-1 : Mr.R.Erottuchamy Government Advocate (Criminal side) For R2 :Mr.P.Ponraj

O R D E R

The Criminal Original Petition has been filed to quash the proceedings in impugned Spl.S.C.No.156 of 2018, pending on the file of the 3rd Additional District Court (PCR), Madurai, in so far as the petitioners herein are concerned.

2.The case is under trial. By passage of time, the parties 1/3

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. The petitioners and the second respondent were also present in person before this Court through video conferencing and they were identified by Mr.Anand Arockiaraj, Deputy Superintendent of Police, Samayanallur Range, Madurai District. 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 in Spl.S.C.No.156 of 2018 pending. Furthermore, the offences involved are not compoundable in nature. Hence, 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 Spl.S.C.No.156 of 2018.

5.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Spl.S.C.No.156 of 2018, on the file of the learned 3rd Additional District Court (PCR), Madurai, is quashed and the terms of joint compromise memo shall form part and parcel of this order. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (ADI) // True Copy // / /2020 Sub Assistant Registrar(CS) tsg 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: Xerox Copy Of Joint Compromise Memo 2/3

To 1.The 3rd Additional District Court (PCR), Madurai. 2.The Deputy Superintendent of Police, Samaiyanallur Division, Madurai District.

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

Crl.O.P.[MD]No.5675 of 2020 17.09.2020 AVS(CO) KB(28.09.2020) 3P 4C 3/3