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Madras High CourtCRL OP(MD)/5521/2022allowed

V.Prabhakar @ Prabhakar Arockiyasamy v. The Inspector Of Police

2022-03-24Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.5521 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.5521 of 2022

1. V.Prabhakar @ Prabhakar Arockiyasamy

2. A.Thatheyus

3. S.Mallayasamy

4. V.Selvaraj

...Petitioners/Accused No 1 to 4

Vs.

1. The State Rep. by The Inspector of Police, District Crime Branch, (ALGSC) Theni District.

(Crime No. 67/2011) ... Respondent/Complainant

2. V.Dhanraj

...Respondent/Defacto Complainant

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the entire records pertaining to the case in C.C.No. 05 of 2016 pending on the file of the Special Court for Land Grabbing Cases, Theni District and quash the same as against the petitioners For Petitioners : Mr.R.Anand For Respondents : Mr.R.M.Anbunithi No.1 Additional Public Prosecutor For Respondents : Mr.P.Gunasekaran No.2

ORDER

The Criminal Original Petition has been filed to quash the proceedings in C.C.No. 05 of 2016 pending on the file of the Special Court for Land Grabbing Cases, Theni District. 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.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.5521 of 2022

4. Under such circumstances, no useful purpose will be served in keeping the C.C.No. 05 of 2016 pending on the file of the Special Court for Land Grabbing Cases, Theni District, 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 C.C.No. 05 of 2016. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No. 05 of 2016 pending on the file of the Special Court for Land Grabbing Cases, Theni District, 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) 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 04.04.2022 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 (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) aav ENCL:Xerox Copy of Joint Compromise Memo To 1.

2. The Inspector of Police, District Crime Branch, (ALGSC) Theni 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.R.ANAND, Advocate ( SR-14368[F] dated 24/03/2022 ) Crl.O.P.(MD) No.5521 of 2022 24.03.2022 ma(CO) GC(28.03.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2