Kalithasan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.03.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.5542 of 2022 Kalithasan
...Petitioner
Vs.
1. The Inspector of Police District Crime Branch Sivagangai, Sivagangai District Karuppiah (Died)
2. Azhagu
3. Nallathambi
4. Narayanan
...Respondents
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records pertaining to the proceedings in C.C.No.148/2015 pending on the file of the JM No.2, Sivagangai and quash the same as illegal For Petitioner : Mr.P. Sepana @ Sree For Respondents : Mr.R.M.Anbunithi No.1 Additional Public Prosecutor No.2 : Mr.S.Ayyanar Premkumar
ORDER
The Criminal Original Petition has been filed to quash the proceedings in C.C.No.148 of 2015 pending on the file of the learned Judicial Magistrate No.II, Sivagangai 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 respondents 2 to 4 and also by their respective counsel.
4. Under such circumstances, no useful purpose will be served in keeping the C.C.No.148 of 2015 pending on the file of the learned Judicial Magistrate No.II, Sivagangai , 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2
Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the charge sheet in C.C.No. 148 of 2015 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.148 of 2015 pending on the file of the learned Judicial Magistrate No.II, Sivagangai , 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.10,000/- (Rupees Ten Thousand only) as costs, to the to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172) or before 07.04.2022 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(P & A) // True Copy // 29/03/2022 Sub Assistant Registrar(CS) aav To
1. The Judicial Magistrate No.II, Sivagangai
2. The Inspector of Police District Crime Branch Sivagangai, Sivagangai District
3. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.
Copy to The Officer Incharge, Chief Ministers Public Relief Fund, Finance(CMPRF) Department, Government of Tamil Nadu, Secretariat, Chennai 600 009.
+1 CC to M/s.S.AYYANAR PREM KUMAR, Advocate ( SR-14594[F] dated 25/03/2022 ) Crl.O.P.(MD) No.5542 of 2022 25.03.2022 kmk(CO) TR(29.03.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2