Madras High CourtCRL OP(MD)/6650/2022allowed

Bazila v. The Inspector Of Police

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

Crl.O.P.(MD)No.6650 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.6650 of 2022 1.Bazila 2.Thangamarakayan 3.Abudul Jalil 4.Ansari ... Petitioners/ Accused Nos.1 to 4 Vs.

1.The State represented by, The Inspector of Police, Athirampattinam Police Station, Thanjavur District.

(Crime No.339 of 2015) ... 1st Respondent/ Complainant 2.Rabish Mariyam ... 2nd Respondent/ Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records relating to the Charge Sheet in S.T.C.No. 321 of 2017 on the file of the Judicial Magistrate, Pattukottai and quash the same.

For Petitioners : Mr.M.Karunanithi For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor for R.1 Mr.I.Pinayagash for R.2

ORDER

The Criminal Original Petition has been filed to quash the Charge Sheet in S.T.C.No. 321 of 2017 on the file of the Judicial magistrate, Pattukottai.

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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.6650 of 2022 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 Charge Sheet in S.T.C.No. 321 of 2017 on the file of the Judicial magistrate, Pattukottai, 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.T.C.No. 321 of 2017.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in S.T.C.No. 321 of 2017 on the file of the Judicial magistrate, Pattukottai, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. Sd/- Assistant Registrar (Protocol) // True Copy // / /2022 Sub Assistant Registrar(CS) mga 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, Pattukottai

2. The Inspector of Police, Athirampattinam Police Station, Thanjavur District.

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

Crl.O.P(MD)No.6650 of 2022 11.04.2022 NSN(CO) KB(21.04.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2