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Madras High CourtCRL OP(MD)/19141/2018allowed

P. Gopal v. The Inspector Of Police

2018-10-25Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.19141 of 2018 P.Gopal ... Petitioner / Sole Accused Vs.

1. The State Represented by The Inspector of Police, Sholavandan Police Station, Madurai District.

(Crime No.290 of 2016) ... 1st Respondent / Complainant

2. P.Bose ... 2nd Respondent / Defacto Complainant (LW 1) PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records pertaining to S.C.No.478 of 2018, on the file of the learned Chief Judicial Magistrate, Madurai and quash the same.

For Petitioner : Mr.C.Senthil Murugan For R1 : Mr.K.Suyambulinga Bharathi Government Advocate [Crl. Side] For R2 : Mr.R.Venkateshwaran

ORDER

This Criminal Original Petition has been filed to quash the case in S.C.No.478 of 2018, on the file of the learned Chief Judicial Magistrate, Madurai.

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. In order to identify the respective parties, 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 case 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 https://hcservices.ecourts.gov.in/hcservices/

the case in S.C.No.478 of 2018, on the file of the learned Chief Judicial Magistrate, Madurai.

5.This Criminal Original Petition stands allowed and as a sequel, the case in S.C.No.478 of 2018, on the file of the learned Chief Judicial Magistrate, 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.500/- as costs, to the credit of the "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(CO) /True Copy/ Sub Assistant Registrar(CS-I) ENCL: Xerox copy of Joint Compromise Memo To

1. The Chief Judicial Magistrate, Madurai.

2. The Inspector of Police, Sholavandan Police Station, Madurai District.

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

Copy to The District Siddha Medical Officer, CCRI, Periyakulam.

+1cc to Mr.C.Senthil Murugan, Advocate Sr.No.91961 MYR VB/RSK/SAR1/01.11.2018/2P/6C Crl.O.P.[MD].No.19141 of 2018 25.10.2018 https://hcservices.ecourts.gov.in/hcservices/