M. Kittamanikandan v. The Inspector Of Police
.BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2020
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD)No. 3883 of 2020 M. Kittamanikandan : Petitioner/A1 Vs.
1. The Inspector of Police TVMC Police Station, Tirunelveli District.
Crime No. 52 of 2019 : R1/Complainant
2. Dr. Velavan : R-2/Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in PRC No. 150 of 2019 on the file of the learned Judicial Magistrate No.I, Tirunelveli and quash the same. For Petitioner : Mr.RJ. Karthick For R1 : Mr.R. Anandharaj, Additional Public Prosecutor For R2 : Mr. R. Kathiresaperumal
ORDER
This Criminal Original Petition has been filed to quash proceedings in 150 of 2019 on the file of the learned Judicial Magistrate No.I, Tirunelveli for the offences under Sections 294(b), 353, 337 of IPC and Section 3(1) of TNPPDL Act and Section 4(1)(j) of Tamilnadu Prohibition Act.
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 the Police officials. 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 PRC No. 150 of 2019 pending, 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 proceedings in PRC No. 150 of 2019. https://hcservices.ecourts.gov.in/hcservices/
5.It is represented by the learned counsel for the petitioners that the petitioners paid a sum of Rs.5000/-(Rupees Five Thousand only) as costs to the DT. SIDDHA MEDICAL OFFICER and filed the original cash receipt along with this memo on 28.02.2020. The said submission is placed on record.
6.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in PRC No. 150 of 2019, on the file of the learned Judicial Magistrate No.I, Tirunelveli is quashed as against the petitioner and the terms of joint compromise memo shall form part and parcel of this order.
Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) Ksa Encl: Xerox copy of Joint Compromise Memo To
1. The Judicial Magistrate Court No.I, Tirunelveli.
2. The Inspector of Police TVMC Police Station, Tirunelveli District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to Mr.R.J.KARTHICK, Advocate ( SR-9476[F] dated 02/03/2020 ) Crl.O.P.(MD)No. 3883 of 2020 28.02.2020 VB (17.06.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/