Madras High CourtCRL OP(MD)/20015/2018allowed

Singarajan v. The Inspector Of Police

2018-11-02Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CrlOP[MD]No.20015 of 2018 Singarajan : Petitioner Vs.

1. State represented by The Inspector of Police, Devarkulam Police Station, Tirunelveli District.

[Crime No.108 of 2017]

2. Shanthi : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the SC No. 445 of 2018 on the file of the learned Chief Judicial Magistrate's Court, Tirunelveli District and quash the same the proceedings as against the petitioner herein.

For Petitioner : Mr.S.R.A.Ramachandran For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate [Crl. side] For R-2 : Mr.A.S.Sankararamasubramanian.

ORDER

The Criminal Original Petition has been filed to quash to the case in the SC No. 445 of 2018 on the file of the learned Chief Judicial Magistrate's Court, Tirunelveli District for the alleged offences under Sections 147, 148, 294(b), 307, 506(ii) 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 SC No.445 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 SC No.445 of 2018.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in SC No. 445 of 2018 on the file of the learned Chief Judicial Magistrate's Court, Tirunelveli District is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order.

Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar(CS-II) Encl: Xerox Copy of Joint Compromise Memo To

1. The Chief Judicial Magistrate, Tirunelveli.

2. The Inspector of Police, Devarkulam Police Station, Tirunelveli District.

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

+1cc to Mr.S.R.A.Ramachandran,Advocate Sr.No.94370 DSK MK/RSK/SAR2/05.12.2018/2P/5C CrlOP[MD]No.20015 of 2018 02.11.2018 https://hcservices.ecourts.gov.in/hcservices/