K.Vignesh v. The Inspector Of Police
Crl.O.P.(MD) No.6253 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.6253 of 2022 and Crl.M.P(MD) Nos.4326 and 4327 of 2022 K.Vignesh
...Petitioner/Sole Accused
Vs.
1. State represented by its The Inspector of Police, All Women Police Station, Ambasamudram, Tirunelveli City.
(Crime No.88 of 2016)
...Respondent/Complainant
2. Dhanalakshmi
...Respondent/Defacto Complainant
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records in SC No.45 of 2020 on the file of the learned District and Sessions Judge, Tirunelveli, and quash the same as against these petitioners/single accused. For Petitioner : Mr.N.Mohideen Basha For Respondent : Mr.R.M.Anbunithi No.1 Additional Public Prosecutor For Respondent : Mr.K.N.Guru No.2
ORDER
The Criminal Original Petition has been filed to quash the proceedings in SC No.45 of 2020 on the file of the learned District and Sessions Judge, Tirunelveli.
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.45 of 2020 on the file of the learned District and Sessions Judge, Tirunelveli, even though, the offences involved are not compoundable in nature. In the light of the guidelines https://hcservices.ecourts.gov.in/hcservices/ 1/2
Crl.O.P.(MD) No.6253 of 2022 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 S.C.No. 45 of 2020.
5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in SC No.45 of 2020 on the file of the learned District and Sessions Judge, Tirunelveli, 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) on or before 19.04.2022 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 are closed.
Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) aav ENCL:Xerox Copy of Joint Compromise Memo To 1.The District and Sessions Judge, Tirunelveli.
2. The Inspector of Police, All Women Police Station, Ambasamudram, Tirunelveli City.
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.
Crl.O.P.(MD) No.6253 of 2022 and Crl.M.P(MD) Nos.4326 and 4327 of 2022 05.04.2022 smv(CO) GC(07.04.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2