Thomas Zacharia v. The Inspector Of Police
Crl.O.P.(MD) No.5024 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.5024 of 2022
1. Thomas Zacharia
2. Mathew Zacharias
3. Jasmin Thomas Zacharia
...Petitioners/
Accused Nos.1 to 3 Vs.
1. The Inspector of Police Kottar Police Station Kanyakumari District
2. Late. Antony
3. Appukuttan
...Respondents
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records pertaining to the impugned final report in CC No.397 of 2010 on the file of the Judicial Magistrate No.II, Nagercoil in Crime No. 519 of 2009 dated 27.05.2009 on the file of the first respondent and quash the same. For Petitioners : Mr.T. Lajapathi Roy For Respondents : Mr.B.Thanga Aravindh No.1 Government Advocate(Crl.Side) No.2 and 3 : Mr. Pughaz Gandhi for Mr.G.karthik
ORDER
The Criminal Original Petition has been filed to quash the proceedings in CC No.397 of 2010 on the file of the Judicial Magistrate No.II, Nagercoil.
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 third respondent and also by their respective counsel.
4. Under such circumstances, no useful purpose will be served in keeping the CC No.397 of 2010 on the file of the Judicial Magistrate No.II, Nagercoil, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by https://hcservices.ecourts.gov.in/hcservices/ 1/2
Crl.O.P.(MD) No.5024 of 2022 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. 397 of 2010.
5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in CC No.397 of 2010 on the file of the Judicial Magistrate No.II, Nagercoil, 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.10,000/- (Rupees Ten Thousand only) each 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 22.03.2022 and produce the receipt before the concerned court, failing which the order shall stand dismissed automatically without any further reference to this Court. In view of the above compromise arrived at between the parties the entire proceedings in CC No.397 of 2010 on the file of the learned Judicial Magistrate No.II, Nagercoil has been quashed , the first respondent is directed to withdraw the Look Out Circular issued as against the second accused herein forthwith.
Sd/- Assistant Registrar /TRUE COPY/ / /2022 Sub Assistant Registrar(CS) aav ENCL: Joint Compromise Memo.
To
1. The Judicial Magistrate No.II, Nagercoil.
2. The Inspector of Police Kottar Police Station Kanyakumari District
3. The Additional Public Prosecutor Madurai Bench of Madras High Court Copy To The District Siddha Medical Officer, CCRI, Periyakulam in State Bank of India, Periyakulam Branch +5 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-12429[F] dated 16/03/2022 ) Crl.O.P.(MD) No.5024 of 2022 15.03.2022 MK/16.03.2022/2P/10C https://hcservices.ecourts.gov.in/hcservices/ 2/2