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Madras High CourtCRL OP(MD)/4795/2022allowed

R.Velmurugan v. The Deputy Superintendent Of Police

2022-03-14Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.4795 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.4795 of 2022 1.R.Velmurugan 2.M.Rajendran

...Petitioners/Accused Nos.1 & 2

Vs.

1. The Deputy Superintendent of Police, Musiri Sub-Division, Trichy District.

2. The Inspector of Police, PS Kattuputhur Police Station, Trichy District.

(Crime No.68 of 2021) ... 1st Respondent / Complainant

3. Balaji ... 2nd Respondents / Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to call for the records in Spl.S.C.No. 3 of 2022 on the file of the 1st Additional District Court(PCR), Trichy District and to quash the same.

For Petitioners : Mr.S.C.Herold Singh For R1 & R2 : Mr.R.M.Anbunithi Additional Public Prosecutor For R3 : Mr.M.V.Chandrasekaran

ORDER

The Criminal Original Petition has been filed to quash the charge sheet in S.C.No.3 of 2022, on the file of the 1st Additional District Court(PCR), Trichy District.

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 petitioners and the third 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.4795 of 2022 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 S.C.No.3 of 2022, on the file of the 1st Additional District Court(PCR), Trichy District.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in S.C.No.3 of 2022, on the file of the 1st Additional District Court(PCR), Trichy District, is quashed insofar as the petitioners alone and the terms of joint compromise memo shall form part and parcel of this order. Further, the petitioners shall pay a sum of Rs.5,000/- 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 21.03.2022 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(AE) // True Copy // / /2022 Sub Assistant Registrar(CS) lr To

1. The Ist Additional District Court (PCR), Trichy District.

2. The Deputy Superintendent of Police, Musiri Sub-Division, Trichy District.

3. The Inspector of Police, PS Kattuputhur Police Station, Trichy District.

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

5. The District Siddha Medical Officer, CCRI, Periyakulam.

Crl.O.P.(MD) No.4795 of 2022 14.03.2022 ark(CO) TR(15.03.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2