Karthikeyan. N v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.4329 of 2022 1.N.Karthikeyan

2. N.Gomathi Ammal

...Petitioners/Accused No.1 & 2

Vs.

1. The Inspector of Police All Women Police Station, Tuticorin District.

... 1st Respondent / Complainant

2. K.Dhanalakshmi ... 2nd Respondents / Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to to call for the record in C.C No.299 of 2017 on the file of the Judicial Magistrate No.IV, Tuticorin and quash the Charge Sheet in C.C No.299 of 2017.

For Petitioners : Mr.Muthumalai Raja For Respondents : Mr.R.M.Anbunithi No.1 Additional Public Prosecutor R2 : Mr.Ka.Raamakrishnan

ORDER

The Criminal Original Petition has been filed to quash the proceedings in C.C No.299 of 2017 on the file of the Judicial Magistrate No.IV, Tuticorin 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 petitioner 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.299 of 2017 on the file of the Judicial Magistrate No.IV, Tuticorin, 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the charge sheet in C.C No.299 of 2017.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C No.299 of 2017 on the file of the Judicial Magistrate No.IV, Tuticorin, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. The petitioner 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 14.03.2022 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-III) // True Copy // / /2022 Sub Assistant Registrar(CS) Encl.: xerox copy of joint compromise memo.

aav To 1.The Judicial Magistrate No.IV, Tuticorin

2. The Inspector of Police All Women Police Station, Tuticorin District.

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

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

Crl.O.P.(MD) No.4329 of 2022 07.03.2022 am(CO) TR(08.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2