S.Arul Raj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.19086 of 2018 S.Arul Raj : Petitioner Vs.

1. The State represented by The Inspector of Police, Uvari Police Station, Tirunelveli District.

[Crime No.62 of 2013] 2.Jegar :Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating to the impugned Charge Sheet in S.C.No.408 of 2018, on the file of the learned Additional District Judge-I, Tirunelveli District and quash the same. For Petitioner : Mr.K.Rajeshwaran For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate[Crl. side] For R-2 : Ms.D.Deepamathi

ORDER

The Criminal Original Petition has been filed to quash the case in S.C.No.408 of 2018, on the file of the learned Additional District Judge-I, Tirunelveli District for the offences under Sections 448 and 295 of IPC and Section 3 of TNPPDL Act.

2. The case is still in 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 petitioner and the second respondent and also by their respective counsel. The parties were also present before the Court and they were identified by Mr.Thanasekaran, Special Sub Inspector of Police and they have also produced the copies of the Aadhaar Card which are made part of the record. 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 in SC No.408 of 2018 pending, even though, the offences involved are not compoundable in nature. In https://hcservices.ecourts.gov.in/hcservices/

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 SC No.408 of 2018.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in SC No.408 of 2018, on the file of learned Additional District Judge - I, Tirunelveli District is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. The petitioner shall pay a sum of Rs.500/- [Rupees Five Hundred only] as costs, to the credit of "District Siddha Medical Officer, CCRI, Periyakulam" (payable in Account No.10767823177, SBI, Periyakulam), 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-III) ENCL: Xerox copy of Joint Compromise Memo To

1. The Additional District Judge-I, Tirunelveli District.

2. The Inspector of Police, Uvari Police Station, Tirunelveli District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4. The District Siddha Medical Officer, CCRI, Periyakulam.

+1cc to Mr.K.Rajeshwaran, Advocate Sr.No.93135 dsk VB/PM/SAR3/06.12.2018/2P/6C Crl.O.P.[MD].No.19086 of 2018 29.10.2018 https://hcservices.ecourts.gov.in/hcservices/