Balasubramanian v. The Inspector Of Police
Crl.O.P.(MD) No.6970 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.04.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.6970 of 2022 and Crl.M.P(MD) Nos.4788 and 4789 of 2022 Balasubramanian
...Petitioner/Sole Accused
Vs.
1. The Inspector of Police Ammapettai Police Station Thanjavur District.
(Crime No.249 of 2014) ... 1st Respondent/Complainant
2. N.Selvaraj ...2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records relating to the private compliant in SC No.331 of 2015 on the file of the learned Mahila Judge, Thanjavur and quash the same as against the petitioner. For Petitioner : Mr.M.Karunanithi For Respondents : Mr.B.Thanga Aravindh No.1 Government Advocate (Crl.Side) No.2 : Mr.K.Guhan
ORDER
The Criminal Original Petition has been filed to quash the proceedings in SC No.331 of 2015 on the file of the learned Mahila Judge, Thanjavur .
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 SC No.331 of 2015 on the file of the learned Mahila Judge, Thanjavur , 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 SC No.331 of 2015 .
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Crl.O.P.(MD) No.6970 of 2022 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in SC No.331 of 2015 on the file of the learned Mahila Judge, Thanjavur , 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 to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172) or before 28.04.2022 and produce the receipt before the concerned court, failing which the order shall stand dismissed automatically without any further reference to this Court. Consequently connected miscellaneous petitions stand closed.
Sd/- Assistant Registrar (T&P) // True Copy // 20/04/2022 Sub Assistant Registrar(CS-IV) aav ENCL:Xerox Copy of Joint Compromise Memo To
1. The Mahila Judge, Thanjavur
2. The Inspector of Police Ammapettai Police Station Thanjavur District
3. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.
COPY TO:- THE OFFICER INCHARGE, CHIEF MINISTER PUBLIC RELIEF FUND, FINANCE(CMPRF) DEPARTMENT, GOVERNMENT OF TAMIL NADU, SECRETARIAT, CHENNAI 600 009.
+1 CC to M/s.K. GUHAN, Advocate ( SR-19475[F] dated 19/04/2022 Crl.O.P.(MD) No.6970 of 2022 18.04.2022 svs(CO) GC(20.04.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2