Sudalaimuthu @ Suresh v. The Sub Insepctor Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.7756 of 2022 Sudalaimuthu @ Suresh
...Petitioner/Sole Accused
Vs.
1. The Sub Inspector of Police District Crime Branch Tirunelveli District ...1st Respondent/Complainant 2.Piriyanka ...2nd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to quash the entire proceedings in CC No. 128 of 2022 on the file of the learned Judicial Magistrate No.I, Tirunelveli For Petitioner : Mr. G.Sakthivel For Respondents : Mr.R.M.Anbunithi No.1 Additional Public Prosecutor No.2 ` : Mr.Jemila Antony
ORDER
The Criminal Original Petition has been filed to quash the proceedings in CC No. 128 of 2022 on the file of the learned Judicial Magistrate No.I, Tirunelveli.
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. 128 of 2022 on the file of the learned Judicial Magistrate No.I, Tirunelveli, 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. 128 of 2022. https://hcservices.ecourts.gov.in/hcservices/
5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in CC No. 128 of 2022 on the file of the learned Judicial Magistrate No.I, Tirunelveli, 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 13.05.2022 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 (CO) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To
1. The Judicial Magistrate No.I, Tirunelveli
2. The Sub Inspector of Police District Crime Branch,DCB Police Station, Tirunelveli District 3.The Joint Secretary to Government, CMPRF (Finance Department), Secretariat Branch, Chennai-9.
4. The Additional Public Prosecutor Madurai Bench of Madras High Court,Madurai.
+2 CC to M/s.M. VEERAVEL PANDi, Advocate ( SR-21528[F] dated 27/04/2022 ) +1 CC to M/s.JEMILA ANTONY, Advocate ( SR-21583[F] dated 27/04/2022 ) Crl.O.P.(MD) No.7756 of 2022 26.04.2022 MGJ(29.04.2022) 2P 8C https://hcservices.ecourts.gov.in/hcservices/