Jeganathan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2018

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD)No.20996 of 2018 Jeganathan .. Petitioner/Sole Accused vs.

1. The State Rep. by its The Inspector of Police, Thiruvengadam Police Station, Tirunelveli District.

(Crime No.137/2018) .. 1st Respondent/Complainant 2.Adaikalam ... 2nd Respondent/ De-facto complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records in S.C.No.145 of 2018 on the file of the II Additional District and Sessions Court (PCR) Tirunelveli and quash the same.

For Petitioner : Mr.R.J.Karthick For R1 : Mr.A.Robinson Government Advocate(Crl.Side) For R2 : Mr.S.Suresh Manickam

ORDER

This Criminal Original Petition has been filed to quash the proceedings in S.C.No.145 of 2018 on the file of the II Additional District and Sessions Court (PCR) Tirunelveli 2.By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. The learned counsel for the petitioner would submit that the complainant lodged a complaint before the petitioners under Sections 341,294 (b), 323,354 and 506(i) of IPC r/w.3(1)(x) and 3(1)(XI) of SC/ST (POA) Act, 1989. 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. The petitioner and the second respondent were also present in person before this Court and they were identified by the respondent police. 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 S.C.No.145 of 2018 pending. 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), and this Court, in exercise of its jurisdiction under Section 482 Cr.P.C., quashes the proceedings in S.C.No.145 of 2018 as against the petitioner herein.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in S.C.No.145 of 2018 on the file of the II Additional District and Sessions Court (PCR) Tirunelveli, are 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/- (Rupees Five Thousand only) as costs, by way of a crossed Cheque or by means of Demand Draft in favour of the ''Chief Minister's Public Relief Fund'' and hand it over to the Registrar (Judicial) of the Madurai Bench of Madras High Court, Madurai, within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo for reporting compliance in the Registry.

Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar(CS-III) Encl.: Xerox copy of Compromise Memo To

1. The II Additional District and Sessions Judge (PCR), Tirunelveli.

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

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

Copy To:- The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.

+ 1 CC TO Mr.R.J.KARTHICK, ADVOCATE IN SR No. 97415 AAV TE/SV/SAR-3 : 20/12/2018 : 2P/6C Crl.O.P.(MD)No.20996 of 2018 27.11.2018 https://hcservices.ecourts.gov.in/hcservices/