Vimalkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.(MD)Nos.8673 & 8674 of 2019

1. Vimalkumar

2. Babu

3. Kala

4. Thangavelu

5. Lakshmi ... petitioners/Accused Nos.1 to 5 Vs.

1.State represent through The Inspector of Police All Women Police Station Tirunelveli Town, Tirunelveli (In Crime No.2 of 2015) ... Respondent No.1/ Complainant 2.Manjusha ... Respondent No.2/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records pertaining to the impugned pending case in C.C.No.316 of 2018 on the file of the Learned Judicial Magistrate Court IV, Tirunelveli and quash the same as illegal. For petitioners : Mr.R.Karunanidhi For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. side) For R-2 : Mr.R.Senthilkumar

ORDER

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.316 of 2018 on the file of the Learned Judicial Magistrate Court IV, Tirunelveli.

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 have been signed by the petitioners and the second 1/3

respondent and also by their respective counsel. The petitioners and the second respondent were also present in person before this Court and they were identified by Mr.Inpa, Grade-I354. 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 before the trial Court. 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.316 of 2018 on the file of the Learned Judicial Magistrate Court IV, Tirunelveli . 5.It is represented by the learned counsel for the petitioners that the petitioners already paid a sum of Rs.5000/- (Rupees Five Thousand only) as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry), and also filed the original receipt along with the memo on 27.11.

2019. The said submission is placed on record. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.316 of 2018 on the file of the Learned Judicial Magistrate Court IV, Tirunelveli, is quashed and the terms of joint compromise memo shall form part and parcel of this order. Consequently, connected Miscellaneous Petitions closed.

Sd/- Assistant Registrar(CS-I) // True Copy // Sub Assistant Registrar(CS) Ls ENCL.: XEROX COPY OF JOINT COMPROMISE MEMO.

To

1. The Judicial Magistrate Court IV, Tirunelveli.

2.The Inspector of Police All Women Police Station Tirunelveli Town, Tirunelveli.

2/3

COPY TO 1.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

2. The Section Officer,Accounts Section, Madurai Bench of Madras High Court, Madurai.

+1CC TO MR.R.KARUNANITHI, Advocate Sr. No. 101860 27.11.2019 SRK(CO) TR(28.11.2019) 3P 6C 3/3