Raja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Raja ... Petitioner/Sole Accused Vs.

1. The State Rep.by The Inspector of Police, D-2 Sellur Crime Police Station, Sellur, Madurai City.

(In Cr.No.941 of 2013) ...1st Respondents/ Complainant 2.Anbusudar ...2nd Respondent/Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records pertaining to the Charge Sheet in C.C.No.353 of 2014 on the file of the learned Judicial Magistrate No.II, Madurai and quash the same.

For Petitioner : Mr.A.Balaji For R1 : Mr.B.Thanga Aravindh Government Advocate (Crl.side) For R2 : Dr.A.Jeyaraman

ORDER

This Criminal Original Petition has been filed to quash the proceedings as against the petitioner in C.C.No.353 of 2014 on the file of the learned Judicial Magistrate No.II, Madurai and quash the same.

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.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 1/3

in keeping the C.C.No.353 of 2014 on the file of the Judicial Magistrate No.II, Madurai, 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 2014 on the file of the Judicial Magistrate No.II, Madurai.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.353 of 2014 on the file of the Judicial Magistrate No.II, Madurai, 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) on or before 17.05.2022 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) vsg Enclosed herewith Copy of the Joint Compromise Memo 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.

To 1.The Judicial Magistrate No.II, Madurai.

2. The Inspector of Police, D-2 Sellur Crime Police Station, Sellur, Madurai City.

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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.

+1 CC to M/s.A.BALAJI, Advocate ( SR-22832[F] dated 29/04/2022 ) 29.04.2022 RD(10.05.2022) 3P 6C 3/3