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Madras High CourtCRL OP(MD)/19177/2018allowed

S.Madhavan v. The Inspector Of Police

2018-10-29Honourable Mr Justice N. Anand Venkatesh2 pages

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.19177 of 2018 1.S.Madhavan 2.M.Boopathi 3.T.A.Mariappan 4.Thiruppathi @ Thiruppathi Rajan 5.Manoharan : Petitioners Vs.

1.The Inspector of Police, Tallakulam Poilce Station, Madurai.

[Crime No.1454 of 2013] 2.M.Periyakaruppan :Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to quash the criminal case proceedings in C.C.No.360 of 2015 on the file of the learned Judicial Magistrate No.II, Madurai. For Petitioners : Mr.R.Pandi Maharaja For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate[Crl. side] For R-2 : Mr.K.Manoharan

ORDER

The Criminal Original Petition has been filed to quash to the criminal case in C.C.No.360 of 2015 on the file of the Judicial Magistrate No.II, Madurai, for the alleged offences under Sections , 419 and 420 of IPC.

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 petitioners and the second respondent and also by their respective counsel. The parties were also present before the Court and they were identified by Mr..P.Manikumar, 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 CC No.360 of 2015 pending, even though, https://hcservices.ecourts.gov.in/hcservices/

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 CC. No.360 of 2015. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.360 of 2015, on the file of the Judicial Magistrate No.II, Madurai, is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.500/-(Rupees Five Hundred Only] to the credit of "Rojavanam Aged Home, Madurai" (payable in Account No.6481560540 at Indian Bank, High Court Branch, 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(CS-III) /True Copy/ Sub Assistant Registrar(CS-III) ENCL: XEROX COPY OF JOINT COMPROMISE MEMO To 1.The Judicial Magistrate -II, Madurai.

2.The Inspector of Police, Tallakulam Poilce Station, Madurai.

3.The Co-Ordinator Rojavanam Aged Home,Madurai.

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

+ 1 CC TO Mr.R.Pandi Maharaja , ADVOCATE IN SR No.92979. Dsk DS RSK SAR3 11 12 2018 2P 6C Crl.O.P.[MD].No.19177 of 2018 29.10.2018 https://hcservices.ecourts.gov.in/hcservices/