Balamurugan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CrlOP[MD]No.19967 of 2018 1.Balamurugan 2.Vasuthevan 3.Susila 4.Vignesh :Petitioners Vs.

1.The State represented by The Sub Inspector of Police, AWPS Thilagar Thidal Police Station, Madurai District.

[Crime No.23 of 2017] 2.Suganya : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C,to call for the charge sheet in CC No. 42 of 2018 on the file of Additional Mahila Court Madurai in connection with Crime No. 23 of 2017 on the file of the Sub Inspector of police, AWPS Thilagar Thidal Madurai city and quash the same.

For Petitioners : Mr.P.Sivachandran For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate [Crl. side] For R-2 : Mr.C.Bethanasamy

ORDER

The Criminal Original Petition has been filed to quash to the case in the CC No.42 of 2018 on the file of the Additional Mahila Court, Madurai for the alleged offences under Sections 495, 498(A), 506(i), 417 and 420 of IPC.

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 petitioner and the second respondent and also by their respective counsel. The parties were also present before the Court and they were identified by the Special 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 proceedings in CC No.42 of 2018 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 CC No.42 of 2018.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in CC No.42 of 2018 on the file of the Additional Mahila Court, Madurai is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar(CS-II) Encl: Xerox copy of Joint Compromise Memo To 1.The Additional Mahila Court, Madurai.

2.The Sub Inspector of Police, AWPS Thilagar Thidal Police Station, Madurai District.

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

+1CC to Mr.P.Sivachandran, Advocate, SR.No.94328 Crl.OP[MD]No.19967 of 2018 02.11.2018 DSK ES/SKN/RSK/SAR 2/20.12.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/