Karuppaiah v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.(MD).No.11810 of 2018 and Crl.M.P.(MD).No.5351 of 2018

1. Karuppiah

2. Dharmaraj

3. Manibarathi

4. Muthupandi

5. Kaleeshwaran

6. Mariyappan

7. Baskaran

8. Dheepan Raj

9. Yogeshwaran 10.Karunamaharaja 11.Rajkumar 12.Eshwaran 13.Prabhakaran 14.Marimuthu ... Petitioners / Accused Nos.1 to 14 Vs.

1. The State Represented by the Sub Inspector of Police, Thirupuvanam Police Station, Sivagangai District.

(Crime No.17 of 2017) ... Respondent No.1/Complainant

2. Selvaraj ... Respondent No.2 /De-facto complainant PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records in P.R.C.No.45 of 2017, on the file of the Additional District Munsif cum Judicial Magistrate Court, Manamadurai and quash the charge sheet. For Petitioners : Ms.A.Rajini For R1 : Mr.K.Suyambulingabharathi Government Advocate (Crl.Side).

For R2 : Mr.A.Vadivelu

O R D E R

This Criminal Original Petition has been filed to quash P.R.C.No.45 of 2017, on the file of the Additional District Munsif cum Judicial Magistrate Court, Manamadurai, for an alleged offences under Sections 147, 148, 341, 294(b), 324, 307 and 3 of PPDL Act.

2. 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 petitioners and the second respondent and also by their respective counsel. The petitioners and the second respondent were also present in person before this Court and they were identified by Mr.Paramasivan, SSI of Police. 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 P.R.C.No.45 of 2017 is 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 P.R.C.No.45 of 2017, on the file of the Additional District Munsif cum Judicial Magistrate Court, Manamadurai.

5. This Criminal Original Petition stands allowed accordingly. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar (CS-I) Encl.: Xerox copy of Joint Compromise Memo To

1. The Additional District Munsif cum Judicial Magistrate, Manamadurai.

2. The Sub Inspector of Police, Thirupuvanam Police Station, Sivagangai District.

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

TSG TE/RP/SAR-1 : 03/09/2018 : 3P/4C Crl.O.P.(MD).No.11810 of 2018 07.08.2018