Sethu Raman v. The Inspector Of Police
Crl.O.P.(MD) No.6032 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.6032 of 2022
1. Sethu Raman
2. Anantha Babu
...Petitioners/Accused Nos 1 & 2
Vs.
1. The State represented by its, The Inspector of Police, Salaigramam Police Station, Sivagangai District.
(Crime No.4 of 2017) ... 1st Respondent/Complainant
2. Sangu ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the entire records relating to the impugned criminal proceedings in C.C.No.131 of 2017 on the file of the learned Judicial Magistrate, Ilayangudi and to quash the same in so far as the petitioner's are concerned.
For Petitioners : Mr.M.S.Jeyakarthik For Respondents : Mr.R.M.Anbunithi No.1 Additional Public Prosecutor For Respondents : Mr.S.Vidhya Sagar No.2
ORDER
The Criminal Original Petition has been filed to quash the proceedings in C.C.No.131 of 2017 on the file of the learned Judicial Magistrate, Ilayangudi.
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 petitioners 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.131 of 2017 on the file of the learned Judicial Magistrate, Ilayangudi, even though, the offences involved are not compoundable in nature. In the light of the guidelines https://hcservices.ecourts.gov.in/hcservices/ 1/2
Crl.O.P.(MD) No.6032 of 2022 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 C.C.No.131 of 2017.
5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.131 of 2017 on the file of the learned Judicial Magistrate, Ilayangudi, is quashed and the terms of Joint Memo of Compromise 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 credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172) on or before 12.04.2022 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 (RTI) // True Copy // / /2022 Sub Assistant Registrar(CS) aav ENCL:Xerox Copy of Joint Compromise Memo To 1.The Judicial Magistrate, Ilayangudi.
2. The Inspector of Police, Salaigramam Police Station, Sivagangai District.
3. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.
COPY TO:
THE OFFICER INCHARGE, THE CHIEF MINISTER PUBLIC RELIEF FUND, SECRETARIAT, CHENNAI - 9.
+1 CC to M/s.M.S.JEYAKARTHIK, Advocate ( SR-16438[F] dated 04/04/2022 ) Crl.O.P.(MD) No.6032 of 2022 01.04.2022 kg(CO) GC(04.04.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2