Pappathi, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

1. Pappathi,

2. Manickam

...Petitioners/Accused Nos.3 & 4

-Vs1.The Inspector of Police District Crime Branch, Pudukkottai District in Cr.No.2/2015.

... 1st Respondent/Complainant 2.Dinesh ... 2nd Respondent/Defacto Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records in C.C.No.516 of 2018 on the file of the Judicial Magistrate Court No.II, Pudukkottai with regard to the petitioners and quash the same as illegal, abuse process of law.

For petitioners : Mr.S.K.Karthick Subramanian For R1 : Mr.K.Suyambulinga Bharathi Government Advocate(crl.side) For R2 : Mr.M.Silambarasan

O R D E R

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.516 of 2018 on the file of the Judicial Magistrate Court No.II, Pudukkottai .

2.The case is still at the stage of 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 have been signed by the petitioners and the second respondent and also by their respective counsel. The petitioners and the second respondent were also present in person before this Court and 1/3

they were identified by Ms.Soundiram, HC. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

4.Under such circumstances, no useful purpose will be served in keeping the proceedings is pending before the learned Judicial Magistrate No.II, Pudukkottai. 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 C.C.No.516 of 2018 on the file of the Judicial Magistrate Court No.II, Pudukkottai.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.516 of 2018 on the file of the Judicial Magistrate Court No.II, Pudukkottai, is quashed and the terms of Joint Compromise memo shall form part and parcel of this order. The petitioners shall jointly pay a sum of Rs.5000/- (Rupees Five Thousand only) as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry), within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) Ls Encl:

Xerox copy of the Joint Compromise Memo To 1.The Judicial Magistrate No.II, Pudukkottai.

2.The Inspector of Police District Crime Branch, Pudukkottai District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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Copy to:

1.

The Section Officer, Accounts Section, Madurai Bench of Madras High Court, Madurai.

2.

The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.KARTHICK SUBRAMANIAN, Advocate ( SR-97415[F] dated 11/11/2019 ) 08.11.2019 JMN(22.11.2019) 3P : 7C 3/3