Mohamed Sait v. The Inspector Of Police
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.9714 of 2018 Mohamed Sait : Petitioner/Sole Accused Vs.
1.The Inspector of Police, Alwarthirunagari Police Station, Tuticorin District.
[Crime No.116 of 2015].
:1st Respondent/Complainant 2.Jeyarani : 2nd Respondent/ Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in connection with the P.R.C.No.55 of 2017 on the file of the learned Judicial Magistrate, Srivaigundam, Tuticorin District and quash the same. For Petitioner : Mr.M.Veilkani Raju For R-1 : Mr.M.Chandra Sekaran Additional Public Prosecutor For R-2 : Mr.N.S.Ramakrishna Dau
ORDER
The Criminal Original Petition has been filed to quash the proceedings in P.R.C.No.55 of 2017 on the file of the learned Judicial Magistrate, Srivaigundam, Tuticorin District, for the alleged offences under Sections 366, 506 (ii) I.P.C.
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.The defacto complainant's daughter namely Amutha and also the petitioner namely Mohammed Sait were present before this Court. The defacto complainant stated that the dispute between them have been amicably settled. This Court is also examined Amutha and she also reiterated the statement made by her mother Jeyarani. Since the parties have amicably settled the dispute among themselves.
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4. Under such circumstances, no useful purpose will be served in 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 P.R.C.No.55 of 2017.
5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in P.R.C.No.55 of 2017, on the file of learned Judicial Magistrate, Srivaigundam, Tuticorin District, is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order.
Sd/- Assistant Registrar (ADI) // True Copy // Sub Assistant Registrar(CS-IV) ENCL.: XEROX COPY OF COMPROMISE MEMO.
To 1.The Judicial Magistrate, Srivaigundam, Tuticorin District.
2.The Inspector of Police, Alwarthirunagari Police Station, Tuticorin District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC To MR.M.VEILKANIRAJU, Advocate SR. NO. 88304 Crl.O.P.[MD].No.9714 of 2018 01.10.2018 DAS TR/PM/SAR-IV(08.11.2018)2P 5C https://hcservices.ecourts.gov.in/hcservices/