Jeyakumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No. 6158 of 2022 and Crl.M.P.(MD)Nos.4276 and 4274 of 2022 1.Jeyakumar 2.Kasinathan 3.Banumathi 4.Ramakrishnan 5.Ramalakshmi
...Petitioners
Vs.
1.The State through The Inspector of Police, AWPS-Sivagangai Police Station, Ramnad District.
(Crime No.15/2017) 2.Shiyamala
...Respondents
PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records pertaining to the charge sheet in C.C.No.47/2018 on the file of the learned District Munsif cum Judicial Magistrate, Ilayangudi, Sivagangai District in Crime No.15/2017, dated 10.11.2017 and quash the same. For Petitioner : Mr.R.Anandharaj For R1 : Mr.R.M.Anbunithi Additional Public Prosecutor For R2 : Mr.K.Suyambulinga Barathi
ORDER
The Criminal Original Petition has been filed to quash the charge sheet in C.C.No.47 of 2018, on the file of the learned District Munsif cum Judicial Magistrate, Ilayangudi, Sivagangai District, for an alleged offences under Sections 498(A) and 506(i) of 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.
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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 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.47 of 2018 pending on the file of the learned District Munsif cum Judicial Magistrate, Ilayangudi, Sivagangai District.
5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.47 of 2018, on the file of the learned District Munsif cum Judicial Magistrate, Ilayangudi, Sivagangai District, is quashed insofar as the petitioners alone and the terms of joint compromise memo shall form part and parcel of this order. Further, the petitioners shall pay a sum of Rs.5,000/- 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 11.04.2022 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. Consequently, the connected miscellaneous petitions are also closed.
Sd/- Assistant Registrar(CS-) // True Copy // / /2022 Sub Assistant Registrar(CS) Encl.: xerox copy of Joint Compromise memo.
lr To 1.The learned District Munsif cum Judicial Magistrate, Ilayangudi, Sivagangai District 2.The Inspector of Police, AWPS-Sivagangai Police Station, Ramnad District.
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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.
Crl.O.P.(MD).No. 6158 of 2022 04.04.2022 kmv(CO) TR(05.04.2022) 3P 5C 3/3