Muniyasamy v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2022
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P(MD)Nos.3351 & 3352 of 2022 1.Muniyasamy 2.Nagarathinam 3.A.Sundaramurugan 4.R.R.Ramasamy 5.S.Saravanan 6.Durai @ Ramasamy 7.Chellam 8.A,Muthuramalingam 9.C.Kottaisamy 10.K.Vadivel 11.S.Murugan 12.S.Murugan 13.Ramanathan ... Petitioners/ Accused Nos.1,3,4, 6,7,9-11,16,19 Vs.
1.The State represented by The Inspector of Police, Rameswaram Town Police Station, Rameswaram.
(Crime No.52 of 2013) ... 1st Respondent/ Complainant 2.Kanelango ... 2nd Respondent/ Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records relating to the proceedings in P.R.C.No.13 of 2018 on the file of the learned District Munsif cum Judicial Magistrate Court, Rameswaram and quash the same. For Petitioners : Mr.R.Senthil Kumar For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor(Crl.Side) for R.1 1/3
ORDER
The Criminal Original Petition has been filed to quash the charge sheet in P.R.C.No.13 of 2018 on the file of the learned District Munsif cum Judicial Magistrate Court, Rameswaram. 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 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.13 of 2018 pending on the file of the first respondent police. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in P.R.C.No.13 of 2018, 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) 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 29.03.2022 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. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar 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.
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ENCL: Xerox copy of Joint Compromise Memo To
1. The District Munsif cum Judicial Magistrate Court, Rameswaram.
2. The Inspector of Police, Rameswaram Town Police Station, Rameswaram.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
COPY TO:
The District Siddha Medical Officer, CCRI, Periyakulam.
21.03.2022 1/3 MGA MS/22.03.2022/3P.5C 3/3