Venkatesan @ Kutti v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2018
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.[MD].No.20458 of 2018 1.Venkatesan @ Kutti 2.Vignesh 3.Gengaraj 4.Ravi Venkatesh : Petitioners/Accused No.1 to 4 Vs.
1.The State represented by Inspector of Police, Maraneri Police Station, Virudhunagar District.
Crime No.105 of 2015 Investigation by (The Deputy Superintendent of Police, Sivakasi Sub Division) : 1st Respondent/Complainant 2.S.Selvaraj : 2nd Respondent/Defacto complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records and quash the proceedings in Spl.SC.No.07 of 2016 on the file of the learned Principal District and Sessions Judge (Spl.Judge of SC/ST Act Cases), Virudhunagar District at Srivilliputhur.
For Petitioners : Mr.A.Thiruvadi Kumar For R-1 : Mr.R.Anandharaj Additional Public Prosecutor For R-2 : Mr.S.Vinayak
ORDER
The Criminal Original Petition has been filed to quash the proceedings in Spl.S.C.No.07 of 2016 on the file of the learned Principal District and Sessions Judge, (Spl.Judge of SC/ST Act Cases), Virudhunagar District at Srivilliputhur. 2.The case is still at 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 has 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 copies of their Aadhaar Cards, 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.
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4.Under such circumstances, no useful purpose will be served in keeping the proceedings 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 Spl.S.C.No.07 of 2016.
5.This Criminal Original Petition stands allowed and as a sequel, the proceedings Spl.S.C.No.07 of 2016 on the file of the learned Principal District and Sessions Judge, (Spl.Judge of SC/ST Act Cases), Virudhunagar District at Srivilliputhur, 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.2,500/- each as costs, (Totally Rs.10,000/-) to the credit of Legal Services Authority, Madurai Bench of Madras High Court, Madurai, within a period of two weeks 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(CO) /True Copy/ Sub Assistant Registrar(CS-IV) Encl: Xerox Copy of Joint Compromise Memo.
To 1.The Principal District and Sessions Judge, (Spl.Judge of SC/ST Act Cases), Virudhunagar District at Srivilliputhur.
2.The Inspector of Police, Maraneri Police Station, Virudhunagar District. 3.The Deputy Superintendent of Police, Sivakasi Sub Division. 4.The Additional Public Prosecutor.
Madurai Bench of Madras High Court, Madurai. Copy to The Officer in Charge, Legal Services Authority, Madurai Bench of Madras High Court, Madurai.
• 1 CC TO Mr.A.THIRUVADI KUMAR , ADVOCATE IN SR No. 95656. • LS • DS SKN SAR4 10 12 2018 2P 7C Crl.O.P.[MD].No.20458 of 2018 16.11.2018 https://hcservices.ecourts.gov.in/hcservices/