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Madras High CourtCRL OP(MD)/11832/2018allowed

Manoj v. The Sub-Inspector Of Police

2018-08-07Honourable Mr Justice N. Anand Venkatesh3 pages

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.11832 of 2018 and Crl.M.P.(MD).No.5372 of 2018 1.Manoj 2.Madankumar 3.Ganesan 4.Sethuraman 5.Ashoklal 6.Pandiarajan 7.Sekar 8.Machakalai 9.Muthusamy 10.Muthupandi 11.Muthukalai 12.Ramesh 13.Sinnalu 14.Baskaran 15.Palani 16.Rajendran 17.Jeyapandi 18.Selvarasu 19.Jeyamari 20.Packiyaraj 21.Jeyakumar 22.Chellappan 23.Gururasu 24.Muniappan 25.Kannan 26.Saravanakumar 27.Suryaprakash 28.Saminathan 29.Palpandi 30.Chandru 31.Muthu 32.Balamurugan 33.Kaleeswaran 34.Velmurugan 35.Kani 36.Sullan 37.Soundarajan 38.Pandiarajan 39.Pakkiam 40.Rajapandi 41.Jeyapandi 42.Mayil

43.Senthil 44.Singaram 45.Balamurugan

...Petitioners / Accused Nos.1 to 45

Vs.

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

(Crime No.18 of 2017)

...Respondent No.1 / Complainant

2.Kaliyammal

...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.2 of 2018, on the file of the Additional District Munsif cum Judicial Magistrate Court, Manamadurai and quash the charge sheet. For Petitioners :Mr.A.Vadivel 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.2 of 2018, on the file of the Additional District Munsif cum Judicial Magistrate Court, Manamadurai, for an alleged offences under Sections 147, 323 and section 4 of Women Harassment Act 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.2 of 2018 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.2 of 2018, 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 ( CO ) TRUE COPY SUB ASSISTANT REGISTRAR ( CS II ) tsg To 1.The Sub Inspector of Police, Thirupuvanam Police Station, Sivagangai District.

2.The Additional District Munsif cum Judicial Magistrate Court, Manamadurai.

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

1CC TO MR. A. RAJINI, ADVOCATE SR 78266 DS KAK SAR 2 31 8 2018 3P 5C Crl.O.P.(MD).No.11832 of 2018 07.08.2018