Shanmugapandi, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.08.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.(MD).No.10825 of 2018 Shanmugapandi

...Petitioner/Sole Accused

Vs.

1.The Inspector of Police, Panavadalichathiram Police Station, Tirunelveli District.

(Crime No.203 of 2014)

...Respondent / Complainant

2.Madasamy

...Respondent /De-facto complainant

PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records in C.C.No.92 of 2015 in Crime No.203 of 2015 on the file of the learned Judicial Magistrate, Sankarankovil and quash the same. For Petitioners :Mr.M.Ramu For R1 :Mr.M.Chandrasekaran Additional Public Prosecutor For R2 :Mr.V.Vinayagamoorthy

O R D E R

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.92 of 2015 on the file of the learned Judicial Magistrate, Sankarankovil, Tirunelveli District, for an alleged offences under Sections 279, 337 and 304(A) IPC.

2. The case is still in the stage of investigation. 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. In order to identify the respective parties they have also produce the copy of the Aadhaar Card and the same is 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. https://hcservices.ecourts.gov.in/hcservices/

4. Under such circumstances, no useful purpose will be served in keeping the proceeding in C.C.No.92 of 2015 pending, 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 C.C.No.92 of 2015 on the file of the learned Judicial Magistrate, Sankarankovil, Tirunelveli District.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.92 of 2015 on the file of the learned Judicial Magistrate, Sankarankovil, Tirunelveli District, 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.1,500/- (Rupees One Thousand and Five Hundred 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 Enclosure: Xerox Copy of the Joint Compromise Memo To 1.The Judicial Magistrate, Sankarankovil, Tirunelveli District.

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

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

COPY TO:

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

+1cc to M/S.M.Ramu, Advocate SR.No. 78437 Crl.O.P.(MD).No.10825 of 2018 13.08.2018 rmk JM/SKN RSK/SAR 4/20.08.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/