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Madras High CourtCRL OP(MD)/7114/2022allowed

Vengatesan @ Venkatesan v. The Inspector Of Police

2022-04-19Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.04.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN 1.Vengatesan @ Venkatesan 2.Ragu 3.Periyakaruppu

...Petitioners/

Accused 1 to 3 Vs.

1.The State rep. by The Inspector of Police, South Gate Police Station, Madurai City.

(Crime No.55/2021) ...1st Respondent/ Complainant 2.R.Vigneshwaran ...2nd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records relating to the proceedings in C.C.No.145/2021 on the file of learned Judicial Magistrate No.IV, Madurai and quash the same as against the petitioner. For Petitioners : Mr.T.Veerakumar For Respondent : Mr.R.M.Anbunithi No.1 Additional Public Prosecutor For Respondent : Mr.G.Dinesh No.2

ORDER

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.145/2021 on the file of learned Judicial Magistrate No.IV, Madurai.

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.

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4. Under such circumstances, no useful purpose will be served in keeping the C.C.No.145/2021 on the file of learned Judicial Magistrate No.IV, Madurai and, 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. 145 of 2021.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.145/2021 on the file of learned Judicial Magistrate No.IV, Madurai and, 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) or before 28.04.2022 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 () // True Copy // 22/04/2022 Sub Assistant Registrar(CS) aav To Enclose copy of Joint Compromise memo.

1.The Judicial Magistrate No.IV, Madurai.

2.The Inspector of Police, South Gate Police Station, Madurai City.

3.The Joint Secretary to Government, CMPRF(Finance Department), Secretariat Chennai-9.

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

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+1 CC to M/s.T. VEERAKUMAR, Advocate ( SR-19972[F] dated 21/04/2022 ) 19.04.2022 RK(22/04/2022) 3P 6C 3/3