Jeyamurugan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.04.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.7006 of 2022
1. Jeyamurugan
2. Karuppannan
3. Ganesan
4. Balamurugan
5. Kumaraguru
...Petitioners/Accused 1 to 5
Vs.
1.The State Rep.by The Inspector of Police Peraiyur Police Station Ramanathapuram District ...1st Respondent/Complainant 2.Karuppasamy ...2nd Respondent/ 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. 53 of 2018 on the file of the Sub Court, Mudukulathur in connection with the Crime No.80 of 2017 on the file of the respondent police and quash the same.
For Petitioners : Mr.L.Prabakaran For Respondents : Mr.R.M.Anbunithi No.1 Additional Public Prosecutor For R2 : Mr.E.Satheesh
ORDER
The Criminal Original Petition has been filed to quash the proceedings in S.C.No. 53 of 2018 on the file of the Sub Court, Mudukulathur.
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.
4. Under such circumstances, no useful purpose will be served in keeping the S.C.No. 53 of 2018 on the file of the Sub Court, Mudukulathur , even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the https://hcservices.ecourts.gov.in/hcservices/
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. 53 of 2018.
5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in S.C.No. 53 of 2018 on the file of the Sub Court, Mudukulathur , 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 27.04.2022 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 (CO) // True Copy // 20/04/2022 Sub Assistant Registrar(CS) aav Encl: Photocopy of Joint Compromise Memo.
To
1. The Sub Judge, Mudukulathur .
2. The Inspector of Police Peraiyur Police Station Ramanathapuram District
3. The Additional Public Prosecutor Madurai Bench of Madras High Court 4.The Joint Secretary to Government, CMPRF (Finance Department), Secretariat Branch, Chennai-9.
+1 CC to M/s.L. PRABAKARAN, Advocate ( SR-19824[F] dated 20/04/2022 ) Crl.O.P.(MD) No.7006 of 2022 18.04.2022 MGJ(20.04.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/