Madras High CourtCRL OP(MD)/9350/2018allowed

Balakrishnan v. The Inspector Of Police

2018-10-01Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.9350 of 2018 in Crl.M.P.(MD)No.4077 of 2018 Balakrishnan : Petitioner/Sole Accused Vs.

1.State of Tamil Nadu The Inspector of Police, Sankarankovil Police Station, Tirunelveli District.

[Crime No.85 of 2012].

: 1st Respondent/Complainant 2.Boopathy : 2nd Respondent/ Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to admit this petition and quash the proceedings in C.C.No.258 of 2012 on the file of Judicial Magistrate Court, Sankarankovil based on the joint compromise memo filed by the petitioner and the 2nd respondent.

For Petitioner : Mr.Antony S.Prabahar For R-1 : Mr.M.Chandra Sekaran Additional Public Prosecutor For R-2 : S.Sivakumar

ORDER

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.258 of 2012 on the file of the Judicial Magistrate Court, Sankarankovil, for the alleged offences under Sections 294(b), 323, 324 and 506(ii) I.P.C.

2. The case is 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.The defacto complainant is present before this Court. On being enquired by this Court, the defacto complainant who is the wife stated that the dispute with the petitioner who is her husband has been amicably settled and the petitioner is now working in foreign country and he is taking care of the defacto https://hcservices.ecourts.gov.in/hcservices/

complainant. Therefore, the defacto complainant stated before this Court that the case itself can be closed.

4. Under such circumstances, no useful purpose will be served by keeping the proceedings 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 proceedings in Crime No.258 of 2012.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.258 of 2012, on the file of Judicial Magistrate Court, Sankarankovil, is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS-I) ENCL: Joint Memo of Compromise (dated: 21.05.2018) To 1.The Judicial Magistrate Court, Sankarankovil. 2.The Inspector of Police, Sankarankovil Police Station, Tirunelveli District.

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

+1 CC To MR.E.ANTONY S.PRABAHAR, Advocate SR. NO. 87986 Crl.O.P.[MD].No.9350 of 2018 in Crl.M.P.(MD)No.4077 of 2018 01.10.2018 DAS TR/PM/SAR-I(01.11.2018)2P 5C https://hcservices.ecourts.gov.in/hcservices/