Pandiyaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.05.2023

CORAM:

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI 1.Pandiyaraj 2.Muthuraj 3.Pandi @ Periyapandi 4.Alagarsamy 5.Kalimuthu 6.Sennakesava Perumal 7.Ponraj 8.Muniyaraj 9.Manikandan 10.Anandh 11.Sarvanan @ Saravana Kumar

...Petitioners

Vs.

1.State rep by The Inspector of Police, Mallanginaru Police Station, Virudhunagar District.

(Crime No.55 of 2019) Samaiyan (died) 2.Andichi 3.Periyakaruppan 4.Vasanthi 5.Palaniammal

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to the charge sheet in S.C.No. 224 of 2022 on the file of the Sub Court, Virudhuangar and quash the same.

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For Petitioners : Mr.S.Poornachandran For R-1 : Mr.M.Sakthi Kumar Government Advocate (Crl. side) For R2 to R5 : Mr.S.Vijayakumar

ORDER

The Criminal Original Petition has been filed to quash the proceedings in S.C.No.224 of 2022 on the file of the Sub Court, Virudhuangar for the offence punishable under Sections 147, 148, 294 (b), 323, 324, 307, 506 (2) and 427 of IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002. 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. To that effect, a Joint Memo of Compromise signed by the petitioners and the respondents 2 to 5 and also by their respective counsel has also been filed before this Court and the same is recorded.

3.The petitioners and the respondents 2 to 5 were also present in person before this Court and they were identified by the concerned Police 2/4

Official. 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 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 case in S.C.No.224 of 2022 pending on the file of the Sub Court, Virudhuangar . 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in S.C.No.224 of 2022 on the file of the Sub Court, Virudhuangar, is quashed and the terms of joint compromise memo shall form part and parcel of this order.

18.05.2023 Index: Yes/No Internet: Yes/No ta 3/4

T.V.THAMILSELVI, J., ta To 1.The Sub Court, Virudhuangar 2.The Inspector of Police, Mallanginaru Police Station, Virudhunagar District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 18.05.2023 4/4