Vignesh Raj @ Vicky v. The Inspector Of Police
BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 26.04.2022
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P(MD)Nos.5268 & 5269 of 2022 Vignesh Raj @ Vicky ... Petitioner/Sole Accused Vs.
1.The State represented by The Inspector of Police, All Women Police Station, Tiruchendur, Tuticorin District.
(Crime No.530 of 2015).
... 1st Respondent/Complainant 2.P.Jeyanthi ...2nd Respondent/Defacto complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the entire records pertaining to (*)Spl.S.C.No.212 of 2019 on the file of the learned (*)District and Sessions Judge, Tuticorin and quash the same. For Petitioner : Mr.Niranjan S.Kumar For R - 1 : Mr.R.M.Anbunithi Additional Government Pleader
ORDER
The Criminal Original Petition has been filed to quash the proceedings as against the petitioner in (*)Spl.S.C.No.212 of 2019 for the offences under Section 366 of I.P.C and Sections 5(1) and 6 of POSCO Act in Crime No.530 of 2015, dated 18.12.2015 pending on the file of the learned (*)District and Sessions Judge, Tuticorin. 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 victim and also by the counsel.
4. Under such circumstances, no useful purpose will be served in keeping the proceedings in (*)Spl.S.C.No.212 of 2019 on the file of the learned (*)District and Sessions Judge, Tuticorin, in Crime No.530 of 2015, dated 18.12.2015, even though, the offences involved are not compoundable in nature. In the light of the guidelines 1/3
given by the Hon'ble Supreme Court reported in 2017 9 SCC 641- (Parbathbhai Aahir @ Parbathbhai Vs. State of Gujarath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes (*)Spl.S.C.No.212 of 2019.
5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in (*)Spl.S.C.No.212 of 2019 on the file of the learned (*)District and Sessions Judge, Tuticorin, in Crime No.530 of 2015, dated 18.12.2015, 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) on or before 04.05.2022 and produce the receipt before the concerned Magistrate, failing which the order shall stand dismissed automatically without any further reference to this Court. Consequently, connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar (CO) (*)Corrected as per order of this Hon'ble Court dated 15.06.2022 in CRL MP(MD)No.6592 of 2022 in CRL OP(MD)No.7718 of 2022 Sd/- Assistant Registrar (CO) // True Copy // /07/2022 Sub Assistant Registrar(CS) ps 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.
ENCL:Xerox Copy of Joint Compromise Memo To (*)To be Substituted the order already despatched on 27.04.2022 1.The Judge, The Mahila Court, Tuticorin.
2/3
2.The District and Sessions Judge, Tuticorin.
3.The Inspector of Police, All Women Police Station, Tiruchendur, Tuticorin District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
COPY TO:- THE OFFICER INCHARGE, CHIEF MINISTER PUBLIC RELIEF FUND, FINANCE(CMPRF) DEPARTMENT, GOVERNMENT OF TAMIL NADU, SECRETARIAT, CHENNAI 600 009.
+1 CC to M/s.NIRANJAN. S.KUMAR, Advocate ( SR-21430[F] dated 26/04/2022 ) Order made in Crl.O.P(MD)No.7718 of 2022 26.04.2022 kg(CO) GC(27.04.2022) 3P 6C GC(01.07.2022) 3P 7C 3/3