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Madras High CourtCRL OP(MD)/19145/2018allowed

Azhaguraj v. The Inspector Of Police

2018-10-26Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.19145 of 2018 Azhaguraj ... Petitioner vs.

1. The State represented by the Inspector of Police, East Police Station, Kovilpatti, Thoothukudi District.

Crime No.422 of 2014

2. Vellapandi ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to quash the charge sheet in S.C.No.203 of 2016 pending on the file of the Sub Court, Kovilpatti in respect of the petitioner is concerned.

For Petitioner : Mr.G.Thalaimutharasu For R1 : Mr.R.Anandharaj Additional Public Prosecutor For R2 : Mr.R.Amarnath

ORDER

The Criminal Original Petition has been filed to quash the proceedings in S.C.No.203 of 2016 on the file of the Sub Court, Kovilpatti, for the alleged offence under Sections 147, 148, 294(b), 323, 324, 506(ii) and 307 IPC.

2.The case is still at 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 has 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 produced the copy of their Aadhaar Cards, 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. https://hcservices.ecourts.gov.in/hcservices/ 4.Under such circumstances, no useful purpose will be served in keeping the criminal proceedings 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 the proceedings in S.C.No.203 of 2016. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in S.C.No.203 of 2016 on the file of the learned Sub Judge, Kovilpatti, 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.2,500/- (Rupees Two Thousand and Five Hundred only) as costs, to the credit of the Rojavanam, Home for aged and Poor (payable in Account No.6481560540, Indian Bank, Madurai Bench of Madras High Court, Madurai), 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(CO) /True Copy/ Sub Assistant Registrar(CS-III) Encl.:Xerox Copy of Joint Compromise Memo To

1. The Sub Judge, Kovilpatti, Thoothukudi District.

2. The Inspector of Police, East Police Station, Kovilpatti, Thoothukudi District.

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

4. The Incharge Person, The Rojavanam, Home for aged and Poor, Ulaganeri, Madurai.

Mm MK/KK/PM/SAR 3/28.12.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/ Crl.O.P.[MD].No.19145 of 2018 26.10.2018