Mettan Sakkaravarthi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.17045 of 2018

1. Mettan Sakkaravarthi

2. Padappan

3. Koothaee

4. Anburaj

5. Manimegalai :Petitioners/A1 to A5 Vs.

1. The Inspector of Police All Women Police Station (Crime No.34 of 2016) :1st Respondent/Complainant

2. Valarmathi :2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records relating to C.C.No.42 of 2018 on the file of the learned Judicial Magistrate No.I,Ramanathapuram and quash the same by allowing this Criminal Original Petition. For Petitioners: Mr.V.P.Sundareswar For R1 : Mr.K.Suyambulinga Bharathi Government Advocate(Crl.Side) For R2 : Mr.K.Madhan

ORDER

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.42 of 2018 on the file of the learned learned Judicial Magistrate No.I,Ramanathapuram.

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 have been filed before this Court which have been signed by the petitioners and the second respondent and also by their respective counsel. The parties were also present before the Court and they were identified by Mr.s.S.Sarala, Head Constable and they have also produced the copies of the Aadhaar Card which are made part of the record. 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 First Information Report 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 C.C.No.42 of 2018

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.42 of 2018 , on the file of the learned Judicial Magistrate No.I,Ramanathapuram, is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.500/- (Rupees Five Hundred only) as costs, to the credit of the "Cancer Institute (WIA) Gandhi Nagar Canal Bank Road, Adyar, Chennai- 20" (payable in Account No.149710011000002, Savings Bank, Andhra Bank, Madhya Kailash Branch, Cancer Institute(WIA) Campus, Sardar Patel Road, Chennai- 36, Branch Name and Code: 1497,MICR No.600011049, IFSC Code: ANDB0001497), within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry. Sd/- Assistant Registrar (T&P) // True Copy // Sub Assistant Registrar(CS-I) Encl: Joint Compromise Memo dated 19/9/2018 To

1. The Judicial Magistrate No.I,

2. The Cancer Institute (WIA) Gandhi Nagar Canal Bank Road, Adyar, Chennai- 20"

3. The Inspector of Police All Women Police Station

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

Copy tp:

The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.(2 Copies) + 1 CC TO MR.K.MADHAN , ADVOCATE IN SR NO.87077 aav BU/RSK/SAR-I :17.10.2018 : 3P/8C Crl.O.P.[MD].No.17045 of 2018 25.09.2018