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Madras High CourtCRL OP(MD)/6722/2022allowed

Prasath v. The Inspector Of Police

2022-04-11Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.6722 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.6722 of 2022 1.Prasath 2.Selvam 3.Balamurugan 4.Vasu 5.Puganeshwaran @ Bhuvanseh

...Petitioners/Accused Nos.2 to 6

Vs.

1. State represented by its The Inspector of Police, Natham Police Station, Dindigul District.

... 1st Respondent / Complainant

2. Boominathan ... 2nd Respondents / Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records pertaining to the case in S.C.No.37/2022 on the file of the Learned Principal District and Sessions Court at Dindigul and quash the same as against the petitioner's concerned.

For Petitioner : Mr.M.Suresh For Respondents : Mr.R.M.Anbunithi No.1 Additional Public Prosecutor For Respondents : Mr.K.Dhanraj No.2

ORDER

The Criminal Original Petition has been filed to quash the proceedings in S.C.No.37 of 2022 on the file of the learned Principal District and Sessions Judge, Dindigul. 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.6722 of 2022

4. Under such circumstances, no useful purpose will be served in keeping the S.C.No.37 of 2022 on the file of the learned Principal District and Sessions Judge, Dindigul, 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 S.C.No.37 of 2022. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in S.C.No.37 of 2022 on the file of the learned Principal District and Sessions Judge, Dindigul, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. Each of 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) or before 22.04.202 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 // 18/04/2022 Sub Assistant Registrar(CS) aav Encl.: xerox copy of Joint Compromise memo.

To

1. The Principal District and Sessions Judge, Dindigul.

2. The Inspector of Police, Natham Police Station, Dindigul District.

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.

+1 CC to M/s.M. SURESH, Advocate ( SR-17775[F] dated 11/04/2022 ) Crl.O.P.(MD) No.6722 of 2022 11.04.2022 na(CO) TR(18.04.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2