Lakshmi v. The Sub Inspector Of Police

Crl.O.P.(MD).No.8250 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.8250 of 2022 Lakshmi

...Petitioner/ Accused No.I

Vs.

1.The Sub-Inspector of Police, Pappanadu Police Station Thanjavur District (Crime No.163/2013) ... Respondent/ Complainant 2.Podhumalli

...Respondent / Defacto Complainant

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records pertaining to the case in C.C.No.117/2015 on the file of the learned District Munsif-cumJudicial Magistrate, Orathanadu, Thanjavur District and quash the same.

For Petitioner : Mr.M.Pitchai Muthu For R-1 : Mr.R.M.Anbunithi Additional Public Prosecutor For R-2 : Mr.J.Vishnu

ORDER

The Criminal Original Petition has been filed to quash the charge sheet in C.C.No.117/2015, on the file of the learned District Munsif cum Judicial Magistrate, Orathanadu, Thanjavur District, for an alleged offences under Sections 294(b), 326 and 506(ii) of IPC.

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 petitioner and the second respondent and also by their respective counsel.

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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.8250 of 2022 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.117/2015, on the file of the learned District Munsif cum Judicial Magistrate, Orathanadu, Thanjavur District. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.117/2015, on the file of the learned District Munsif cum Judicial Magistrate, Orathanadu, Thanjavur District, is quashed as against all the accused persons and the terms of joint compromise memo shall form part and parcel of this order. Further, the petitioner shall pay a sum of Rs.

5,000/- 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 20.05.2022 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 (CO) // True Copy // 04/05/2022 Sub Assistant Registrar(CS) Enclosed herewith Copy of the Joint Compromise Memo lr To 1.The District Munsif cum Judicial Magistrate, Orathanadu, Thanjavur District.

2.The Sub-Inspector of Police, Pappanadu Police Station Thanjavur District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4.The Joint Secretary to Government, CMPRF (Finance Department), Secretariat Branch, Chennai-9.

Crl.O.P.(MD).No.8250 of 2022 28.04.2022 RD(04.05.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2