Muniyaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.11507 of 2018 1.Muniyaraj 2.Sangilipandian : Petitioner/Accused Nos.1&2 Vs.

1.The State Rep. by The Inspector of Police, Kovilpatti West Police, Station, Thoothukudi District.

(Crime No.77 of 2018) : 1st Respondent/Complainant 2.K.Mariselvam : 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to record the Compromise memo and quash the charges against the petitioners in P.R.C.No.22 of 2018 on the file of the Judicial Magistrate Court No.2, Kovilpatti.

For Petitioner : Mr.S.Saravanan For R-1 : M/s.S.Bharathi Government Advocate [Criminal Side] For R-2 : Mr.A.Balamurugan

ORDER

The Criminal Original Petition has been filed to quash the P.R.C.No.22 of 2018 on the file of the learned Judicial Magistrate No.II, Kovilpatti, pursuant to the compromise arrived at by the parties.

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 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.S.Ramasamy, Sub Inspector of Police, Kovilpatti West Police Station, Kovilpatti 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. https://hcservices.ecourts.gov.in/hcservices/

4. Under such circumstances, no useful purpose will be served in keeping the P.R.C.No.22 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 P.R.C.No.22 of 2018.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in P.R.C.No.22 of 2018 on the file of the learned Judicial Magistrate No.II, Kovilpatti, 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.2,000/- 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 (RTI) // True Copy // Sub Assistant Registrar(CS-III) ENCL: XEROX COPY OF JOINT MEMO OF COMPROMISE To 1.The Judicial Magistrate No.II, Kovilpatti.

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

3.The District Siddha Medical Officer, CCRI, Periyakulam. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.[MD].No.11507 of 2018 30.08.2018 TM TR/PM/SAR-III(24.09.2018)2P 5C https://hcservices.ecourts.gov.in/hcservices/