Banumathi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2022
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN
1. Banumathi
2. Prabhu
3. Velladurai ... Petitioners/Accused 1 to 3 Vs
1. The state represented by The Inspector of Police, Srivaikintam Police Station, Thoothukudi District.
(Crime No.273 of 2018) ...1st Respondent/Complainant
2. Ramakrishnan ...2nd Respondents Defacto Complainant PRAYER :- This Criminal Original Petition filed under Section 482 Cr.P.C.to call for the records in C.C.No. 117 of 2019 on the file of the Judicial Magistrate No. I, Srivaikundam, and to quash the same as against the petitioners.
For Petitioners : Mr. M.Viji For Respondent : Mr.R.M.Anbunithi R1 Additional Public Prosecutor (Criminal Side) R2 : Mr.S.Deenadhayalan
ORDER
This Criminal Original Petition has been filed to quash the charge sheet in C.C.No. 117 of 2019, on the file of the learned Judicial Magistrate No. I, Srivaikundam, Thoothukudi, for an alleged offences under Sections 294(b), 341, 420, 447, 506(i) IPC. 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 have been signed by the petitioners and the second respondent and also by their respective counsel.
4.Under such circumstances, no useful purpose will be served in keeping the First Information Report pending before the respondent police. Even though, the offences involved are not compoundable in 1/3
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 Gujarath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the Charge Sheet in C.C.No. 117 of 2019 pending on the file of the learned Judicial Magistrate No. I, Srivaikundam, Thoothukudi.
5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No. 117 of 2019 pending on the file of the learned Judicial Magistrate No. I, Srivaikundam, Thoothukudi, is quashed insofar as the petitioners alone and the terms of joint compromise memo shall form part and parcel of this order. The petitioners shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) each as costs, to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172), on or before 05.04.2022 and the receipt of payment shall be produced before the concerned Court, failing which the order shall stand dismissed automatically without any further reference to this Court.
Sd/- Assistant Registrar (CS-I) // True Copy // 31/03/2022 Sub Assistant Registrar(CS) PNM Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. TO 1.The Judicial Magistrate No. I, Srivaikundam, Thoothukudi.
2. The Inspector of Police, Police Station, Srivaikuntam, Thoothukudi District.
3. The Officers Incharge, Chief Minister Public Relief Fund, Secretariat, Chennai-9 2/3
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.S.DEENADHAYALAN, Advocate ( SR-15198[F] dated 29/03/2022 ) Date : 28/03/2022 SP(CO) KB(31.03.2022) 3P 6C 3/3