R. Selvaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.11.2018

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.[MD].No.20091 of 2018 R.Selvaraj : Petitioner Vs.

1. The Inspector of Police, Town Police Station, Palani.

Crime No.1299 of 2010

2. R.Ravichandran : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to quash the charge sheet pending on the file of the learned Judicial Magistrate, Palani in C.C.No.46 of 2014 on the basis of the compromise made between the parties.

For Petitioner : Mr.P.Nagendran For R-1 : Mr.R.Anandharaj Additional Public Prosecutor For R2 : Mr.R.Sevugaraja

ORDER

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.46 of 2014 on the file of the learned Judicial Magistrate, Palani.

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 petitioner 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.

https://hcservices.ecourts.gov.in/hcservices/ 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 C.C.No.46 of 2014.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.46 of 2014, on the file of the learned Judicial Magistrate, Palani, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. The petitioner shall pay a sum of Rs.5,000/- as costs, 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 (Crl.side) /True Copy/ Sub Assistant Registrar (CS-II) Encl.: Xerox copy of Compromise Memo To

1. The Judicial Magistrate, Palani.

2. The Inspector of Police, Town Police Station, Palani.

3. The Authority, Legal Services Authority, Madurai Bench of Madras High Court, Madurai.

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

Madurai.

Copy To:- The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai. (2 Copies) MM TE/PM/SAR-2 : 19/12/2018 : 2P/7C Crl.O.P.[MD].No.20091 of 2018 13.11.2018 (1/2) https://hcservices.ecourts.gov.in/hcservices/