Valan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.03.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.5834 of 2022

1. Valan

2. Jenifer

3. Xavier @ Xavier Derober

4. Nazeran @ Jesu Nazeran

5. Godwin

...Petitioners

Vs.

1. State Rep. by The Inspector of Police, Koodankulam Police Station, Tirunelveli District.

(In Crime No.153 of 2014)

2. Jeromiya

3. Sahayam

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records and quash the Charge sheet in S.C. No.352 o 2021 on the file of the District and Sessions Judge, Tirunelveli For Petitioners : Mr.S.Sathyachidambaram For Respondents : Mr.R.M.Anbunithi No.1 Additional Public Prosecutor For Respondents : Mr.B.Santhanam Rajeshkumar No.2 & 3

ORDER

The Criminal Original Petition has been filed to quash the proceedings in S.C. No.352 of 2021 on the file of the 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 petitioners and the respondents 2 and 3 1/3

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 S.C. No.352 of 2021 on the file of the District and Sessions Judge, Tirunelveli, 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.352 of 2021.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in S.C. No.352 o 2021 on the file of the District and Sessions Judge, Tirunelveli, 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.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 08.04.2022 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(CS-I) // 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, Koodankulam Police Station, Tirunelveli District.

3. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

2/3

Copy to The Officer Incharge, Chief Ministers Public Relief Fund, Finance(CMPRF) Department, Government of Tamil Nadu, Secretariat, Chennai 600 009.

Crl.O.P.(MD) No.5834 of 2022 30.03.2022 pk(CO) TR(01.04.2022) 3P 5C 3/3