Karthikeyan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2019

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.[MD].No.22205 of 2018 1.Karthikeyan 2.Arivu Pandi ... Petitioners/Accused 1 & 2 vs.

1.The State through the Inspector of Police, Anna Nagar Police Station, Madurai City, Madurai.

(C.C.No.177 of 2017).

...1st Respondent/Complainant 2.Kaviya ...2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to quash the impugned proceedings in C.C.No.177/2017, on the file of the learned Judicial Magistrate No.VI, Madurai. For Petitioners : Mr.N.Rajasekar For R1 : Mr.R.Anandharaj Additional Public Prosecutor For R2 : Mr.J.Senthil Kumaraiah

ORDER

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.177 of 2017, pending on the file of the Judicial Magistrate No.VI, Madurai, for the alleged offence under Section 324 of IPC.

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 the Inspector of Police, Anna Nagar Police Station. 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 C.C.No.177 of 2017 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 C.C.No.177 of 2017. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.177 of 2017, on the file of the Judicial Magistrate No.VI, Madurai, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. Each of the petitioner shall pay a sum of Rs.2,500/- (Rupees Two Thousand Five Hundred only) as costs, to the credit of the High Court Legal Services Committee, Madurai Bench of Madras High Court, Madurai, 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 (T&P) // True Copy // Sub Assistant Registrar(CS-I) To Encl: Xerox copy of Joint Compromise Memo 1.The Inspector of Police, Anna Nagar Police Station, Madurai City, Madurai.

2.The Judicial Magistrate No.VI, Madurai.

3.The Chief Judicial Magistrate, Madurai District.

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

5.The Secretary, High Court Legal Services Committee, Madurai Bench of Madras High Court, Madurai.

6.The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.(2 copies) +1. C.C. to Mr.N.Rajasekar Advocate SR.No.41322 Crl.O.P.[MD].No.22205 of 2018 10.01.2019 TK/SAR-1/26.02.2019/3P/9C