Asan Mydeen@Karuppu Asan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.19460 of 2018 1.Asan Mydeen @ Karuppu Asan 2.Raja Mohammed 3.Mohaideen Bava 4.Beer Mohammed @ Thakkarai ... Petitioners / Accused Nos.1 to 4 Vs.

1. The State Represented by The Inspector of Police, Paththamadai Police Station, Tirunelveli District.

(Crime No.80/2015) ... 1st Respondent / Complainant

2. Chinna Meeran ... 2nd Respondent / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records relating to the proceedings in S.C.No.354 of 2014 on the file of the District and Sessions Court, Tirunelveli and quash the same.

For Petitioners : Mr.K.P.Narayanakumar For R1 : Mr.K.Suyambulinga Bharathi Government Advocate [Crl. Side] For R2 : Mr.M.N.Rajapanth

ORDER

This Criminal Original Petition has been filed to quash the charge sheet in S.C.No.354 of 2014 on the file of the District and Sessions Court, Tirunelveli.

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. In order to identify the respective parties, 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 case 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 charge sheet in S.C.No.354 of 2014 on the file of the District and Sessions Court, Tirunelveli.

5.This Criminal Original Petition stands allowed and as a sequel, the charge sheet in S.C.No.354 of 2014 on the file of the District and Sessions Court, Tirunelveli, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.250/- 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(AD-I) /True Copy/ Sub Assistant Registrar(CS-IV) Encl: Xerox copy of Joint Compromise Memo To

1. The Inspector of Police, Paththamadai Police Station, Tirunelveli District.

2. The District and Sessions Judge, Tirunelveli.

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

Copy To:

1. The Section Officer, Criminal Section,(2 copies) Madurai Bench of Madras HighCourt, (For Reporting Compliance)

2.The District Siddha Medical Officer, CCRI,Periyakulam.

+1cc to Mr.K.P.Narayanakumar,Advocate Sr.No.94012 MYR VB/PM/SAR 4/29.11.2018/3P/8C Crl.O.P.[MD].No.19460 of 2018 31.10.2018