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Madras High CourtCRL OP(MD)/7809/2022allowed

Kannan v. The Inspector Of Police

2022-04-27Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P(MD) No.7809 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.04.2022

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD) No.7809 of 2022 Kannan ... Petitioner Vs

1. The Sub Inspector of Police, Veeracholan Police Station, Ramanathapuram District.

(In Crime No.27 of 2019).

2.Murugavadivel

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying this Court to call for the records pertaining to the proceedings in C.C.No.353 of 2021 on the file of the learned District Munsif cum Judicial Magistrate Court, Thiruchuli, Virudhunagar District and quash the same.

For Petitioner : Mr.R.Balamuruganatham For Respondent : Mr.R.M.Anbunithi No.1 Additional Public Prosecutor R2 : Mr.U.Berdin Vinoth

ORDER

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.353 of 2021 on the file of the learned District Munsif cum Judicial Magistrate Court, Thiruchuli, Virudhunagar District .

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 C.C.No.353 of 2021 on the file of the learned District Munsif cum Judicial Magistrate Court, Thiruchuli, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD) No.7809 of 2022 Virudhunagar District, 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. 353 of 2021.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings C.C.No.353 of 2021 on the file of the learned District Munsif cum Judicial Magistrate Court, Thiruchuli, Virudhunagar District, 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) Pnn Enclosed herewith Copy of the Joint Compromise Memo To 1.The District Munsif cum Judicial Magistrate, Thiruchuli, Virudhunagar District.

2. The Sub Inspector of Police, Veeracholan Police Station, Ramanathapuram 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.

Crl.O.P(MD) No.7809 of 2022 27.04.2022 RD(05.05.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2