Samayan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.18798 of 2018 1.Samayan 2.Jegankumar 3.Madhankumar 4.Muthulakshmi

...Petitioners / Accused Nos.1 to 4

Vs.

1. State of Tamil Nadu, Represented by its Inspector of Police, Thirunagar Police Station, Madurai District.

(Crime No.430 of 2011) ... 1st Respondent / Complainant 2.K.Kannan ... 2nd Respondent / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records relating to the charge sheet filed in connection with C.C.No.14 of 2015 on the file of the learned Judicial Magistrate, Tirumangalam and quash the same. For Petitioners : Mr.S.Sukumar For R1 : Mr.K.Suyambulinga Bharathi Government Advocate [Crl. Side] For R2 : Mr.R.Venkatesh

ORDER

This Criminal Original Petition has been filed to quash the charge sheet in C.C.No.14 of 2015 on the file of the learned Judicial Magistrate, Tirumangalam.

2.The case is still in the stage of 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 have been signed by the petitioners and the second respondent and also by their respective counsel. In order to identify the respective parties, they have also produced the copies of the Aadhaar Card, which are made part of the record. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

https://hcservices.ecourts.gov.in/hcservices/ 4.Under such circumstances, no useful purpose will be served in keeping the case pending. 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.14 of 2015 on the file of the learned Judicial Magistrate, Tirumangalam.

5.This Criminal Original Petition stands allowed and as a sequel, the charge sheet in C.C.No.14 of 2015 on the file of the learned Judicial Magistrate, Tirumangalam, 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.500/- as costs, to the credit of "Rojavanam, Home for aged and poor, Account No.6481560540, Indian Bank, Madurai Bench of Madras High Court, Madurai", within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS-IV) ENCL: Xerox copy of Joint Compromise Memo To

1. The Judicial Magistrate, Tirumangalam.

2. The Inspector of Police, Thirunagar Police Station, Madurai District.

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

Copy to Rojavanam, Home for aged and poor, Melur Main Road, Ulaganeri, Madurai.

Account No.6481560540, Indian Bank, Madurai Bench of Madras High Court, Madurai.

+2cc to Mr.S.Sukumar, Advocate Sr.No.92289 MYR VB/SKN/SAR4/31.10.2018/2P/7C Crl.O.P.[MD].No.18798 of 2018 25.10.2018 https://hcservices.ecourts.gov.in/hcservices/