Nagarajan 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.19222 of 2018 1.Nagarajan 2.Ganesan 3.Nallu 4.Thangaraj 5.Parvathy 6.Ariyammal : Petitioners Vs.
1.The State of Tamil Nadu, represented by The Inspector of Police, District Crime Branch Police Station, Theni District.
2.Rajkumar :Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating to the case C.C.No.11 of 2018 on the file of the Judicial Magistrate, Special Court for Land Grabbing Cases, Theni and quash the same.
For Petitioners : Mr.V.Sukumar For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate[Crl. side] For R-2 : Mr.Mark J Jackson
ORDER
The Criminal Original Petition has been filed to quash the case in C.C.No.11 of 2018 on the file of the Judicial Magistrate, Special Court for Land Grabbing Cases, Theni for an alleged offences under Sections 120(B), 419, 420, 465 and 471of 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.Ramakrishnan, https://hcservices.ecourts.gov.in/hcservices/
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.11 of 2018 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 CC. No.11 of 2018.
5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No. 11 of 2018, on the file of the Judicial Magistrate, Special Court for Land Grabbing Cases, Theni is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. The first petitioner shall pay a sum of Rs.5000/- [Rupees Five Thousand only] as costs, and the petitioners 2 to 6 each shall pay a sum of Rs.1,500/-(Rupees One Thousand 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.
(*)HERE ENCLOSED THE JOINT MEMO OF COMPROMISE XEROX COPY IS THE PART OF THE ORDER Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar(CS III) DSK To 1.The Judicial Magistrate, Special Court for Land Grabbing Cases, Theni. 2.The Inspector of Police, District Crime Branch Police Station, Theni District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to Rojavanam Aged Home, Melur Main Road, Ulaganeri, Madurai. 1CC TO MR. V. SUKUMAR, ADVOCATE SR 92839 NM SKN SAR 3 30 10 2018 - 2P 6C https://hcservices.ecourts.gov.in/hcservices/ Crl.O.P.[MD].No.19222 of 2018 29.10.2018