Karthikeyan, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.13148 of 2018 1.Karthikeyan 2.Eswaran 3.Indhurani : Petitioner/Accused Nos.1 to 3 Vs.

1.The Inspector of Police, All Women Police Station, Aundipatti Taluk, Theni District.

In Crime No.14/2017 : 1st Respondent/Complainant 2.Nagalakshmi : 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for records relating to the charge sheet in C.C.No.50/2008 on the file of the District Munsif cum Judicial Magistrate Court, Aundipatti and quash the same. For Petitioners : Mr.M.Subash Babu For R-1 : Mr.K.Suyambu Lingabharathi Government Advocate [Criminal Side] For R 2 :MR. R. MAHESWARAN,

ORDER

The Criminal Original Petition has been filed to quash the C.C.No.50 of 2008 on the file of the learned District Munsif cum Judicial Magistrate, Aundipatti, 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 M/s.R.Sumathi, 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. https://hcservices.ecourts.gov.in/hcservices/

4. Under such circumstances, no useful purpose will be served in keeping the C.C.No.50 of 2008 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 C.C.No.50 of 2008.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.50 of 2008 on the file of the learned District Munsif cum Judicial Magistrate, Aundipatti, 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. 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 ( A.S.) TRUE COPY SUB ASSISTANT REGISTRAR ( CS II ) Enclosure: xerox copy of the Joint Compromise Memo TM To 1.The District Munsif cum Judicial Magistrate, Aundipatti. 2.The Inspector of Police , All Women Police Station, Aundipatti Police Station, Theni District.

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

COPY TO:

THE OFFICER IN CHARGE, DISTRICT SIDHA MEDICAL OFFICER, CCRI., PERIYAKULAM.

1CC TO MR. M. SUBASH BABU, ADVOCATE SR 84034 NM RSK SAR 2 3 10 2018 2P 6C Crl.O.P.[MD].No.13148 of 2018 10.09.2018 https://hcservices.ecourts.gov.in/hcservices/