Syed Sanahath Ali v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.7160 of 2022 Syed Sanahath Ali

...Petitioner

Vs.

1. The Inspector of Police Srivilliputhur Town Police Station Srivilliputhur Virudhunagar District ... 1st Respondent / Complainant

2. Pandi ... 2nd Respondents / Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records in connection with CC No.126 of 2019 on the file of the Juvenile Justice Board, Virudhunagar District in Crime No.408 of 2019 on the file of the Inspector of Police, Srivilliputhur Town Police Station, Srivilliputhur, Virudhunagar District and consequently quash the same.

For Petitioners : Mr. J.Sankarapandian For Respondents : Mr.K.Sanjai Gandhi No.1 Government Advocate(Crl.Side) No.2 : Mr.R.Shek Meer

ORDER

The Criminal Original Petition has been filed to quash the proceedings in CC No.126 of 2019 on the file of the Juvenile Justice Board, Virudhunagar District.

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 petitioner 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 CC No.126 of 2019 on the file of the Juvenile Justice Board, Virudhunagar District, even though, the offences https://hcservices.ecourts.gov.in/hcservices/ 1/2

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. 126 of 2019. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in CC No.126 of 2019 on the file of the Juvenile Justice Board, Virudhunagar District, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. The petitioner shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) 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) or before 05.05.2022 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(T & P) // True Copy // / /2022 Sub Assistant Registrar(CS) Aav Encl.: xerox copy of Joint Compromise memo.

To

1. The Juvenile Justice Board, Virudhunagar District

2. The Inspector of Police Srivilliputhur Town Police Station Srivilliputhur, Virudhunagar District

3. The Additional Public Prosecutor Madurai Bench of Madras High Court 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.7160 of 2022 25.04.2022 kg(CO) TR(27.04.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2