S.Praveenkumar v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2022
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN 1.S.Praveenkumar 2.S.Vignesh 3.M.Ponselvam 4.V.Ganga Rajesh ... Petitioners/Accused Nos.1 to 4 Vs.
1.The State Rep. by The Sub Inspector of Police, Puthiamputhur Police Station, Tuticorin District.
(C.C.No.192 of 2017) ...1st Respondent/Complainant 2.Murugan ... 2nd Respondent/Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records and quash the charge sheet filed against the petitioners in C.C.No.192 of 2017 on the file of the Judicial Magistrate Court No.1, Tuticorin in respect of Cr.No.1 of 2017 on the file of the first respondent police. For Petitioners : Mr.V.S.Kishok Kumar For R1 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.side) For R2 : Mr.B.Azhagesh
ORDER
This Criminal Original Petition has been filed to quash the proceedings as against the petitioners in C.C.No.192 of 2017 on the file of the learned Judicial Magistrate Court No.1, Tuticorin. 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 have been signed by the petitioners and the second respondent and also by their respective counsel.
1/3
4.Under such circumstances, no useful purpose will be served in keeping the First Information Report pending before the respondent police. 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.192 of 2017 on the file of the learned Judicial Magistrate Court No.1, Tuticorin.
5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.192 of 2017 on the file of the learned Judicial Magistrate Court No.1, Tuticorin, is quashed insofar as the petitioners alone and the terms of joint compromise memo shall form part and parcel of this order. The petitioners 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) on or before 05.05.2022 and the receipt of payment shall be produced before the concerned Court, failing which the order shall stand dismissed automatically without any further reference to this Court.
Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) vsd Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. ENCL:Xerox Copy of Joint Compromise Memo To 1.The Judicial Magistrate No.1, Tuticorin, 2.The Sub Inspector of Police, Puthiamputhur Police Station, Tuticorin District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 2/3
COPY TO:- THE OFFICER INCHARGE, CHIEF MINISTER PUBLIC RELIEF FUND, FINANCE(CMPRF) DEPARTMENT, GOVERNMENT OF TAMIL NADU, SECRETARIAT, CHENNAI 600 009.
+1 CC to M/s.V.S.KISHOK KUMAR, Advocate ( SR-22931[F] dated 29/04/2022 ) 28.04.2022 sg(CO) GC(29.04.2022) 3P 6C 3/3